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 II

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 II
1999 Atlanta, Ga. Printed on Recycled Paper

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, March 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:

Alien
Anderson
Ashe Bannister Barnard Benefield
Birdsong
Borders Brooks Brown Buck Bulloch Bunn
Burkhalter Callaway Campbell Cash Childers
Clark Coleman, B Connell Crawford
Cummings

Davis, M Davis, T
DeLoach, G
Dodson Ehrhart Everett Felton Floyd Franklin Golick Graves Greene
Hammontree
Harbin
Harrell Heard Henson Holland Houston Howard Hudgens
Hudson, N

Irvin Jackson, B Jennings Kaye Lewis Lord Mann Manning Martin, J McBee McClinton McKinney Millar Mills Mosley Mueller O'Neal Parham Parrish Parsons Pelote Pinholster

Purcell Randall Reaves Reese Reichert Rice Rogers Royal Sanders Sauder Scarlett Shanahan
Shaw Shipp Skipper Smith, B Smith, C.W
Smith, L Smith, P
Smith, T Smith, V

Smyre Snelling Stallings Stancil Stanley-Turner Stephens Stuckey Teper Tillman Tolbert Turnquest Unterman Walker, L Watson West Westmoreland E Whitaker Wiles Williams, R Wix Yates Murphy, Spkr

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

Representatives Powell of the 23rd, Joyce of the 1st, Cooper of the 31st, Day of the 153rd, Bridges of the 9th, Heckstall of the 55th, Squires of the 78th, Dukes of the 161st, Banner of the 159th, Lucas of the 124th, Roberts of the 162nd, Smith of the 103rd, Hegstrom of the 66th, Reed of the 52nd, Byrd of the 170th, Taylor of the 134th, Smith of the 175th, Orrock of the 56th, DeLoach of the 172nd, Ragas of the 64th, Epps of the 131st, Holmes of the 53rd, Jones of the 71st, Bailey of the 93rd, Barnes of the 97th, Ponder of the 160th, Scott of the 165th, Massey of the 86th, Coan of the 82nd, Richardson of the 26th, Dix of the 76th, Bordeaux of the 151st, Jamieson of the 22nd, Hudson of the 120th, Jenkins of the 110th, Maddox of the 72nd, Stokes of the 92nd, Teague of the 58th, Trense of the 44th, Royal of the 164th, James of the 140th, Lane of the 146th, Cox of the 105th, Hugley of the 133rd, Sholar of the 179th, Evans of the 28th, Sims of the 167th, McCall of the 90th, Scheid of the 17th, Jackson of the 148th, Porter of the 143rd, Bohannon of the 139th, Martin of the 145th, Mobley of the 69th, Walker of the 87th, Grindley of the 35th and Sinkfield of the 57th.

They wish to be recorded as present.

Prayer was offered by Dr. Robert Cunningham, Pastor, Metropolitan Baptist Church, Atlanta, Georgia.

The members pledged allegiance to the flag.

Representative West of the 101st, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

WEDNESDAY, MARCH 10, 1999

1527

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 of the House were introduced, read the first time and referred to the committees: HB 12. By Representatives Manning of the 32nd, Crawford of the 129th, Bridges of
the 9th and Grindley of the 35th: A bill to amend Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to criminal trespass, so as to provide for a misdemeanor criminal penalty for persons who knowingly and without authority enter the dwelling house of another.
Referred to the Committee on Special Judiciary.

HB 952. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Stephens of the 150th and others:
A bill to provide for a homestead exemption from certain City of Thunderbolt 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 adjusted 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.

HB 953. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change from four to two the number of annual terms of said court; to change the compensation of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 954. By Representatives Stallings of the 100th and West of the 101st: A bill to repeal an Act creating the Mclntosh Reserve Historical Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 955. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens 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 956. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the provisions relating to the compensation of the chairperson and members of the Griffin-Spalding County Board of Education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 957. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act increasing the homestead exemption from certain ad valorem taxes levied by Forsyth County for county purposes, so as to increase the amount of such exemption over a three-year period; to amend an Act providing a homestead exemption from Forsyth County ad valorem taxes for county ad valorem taxes for county purposes for certain residents 65 years or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 958. By Representative Campbell of the 42nd:
A bill to amend Code Section 7-4-12 of the Official Code of Georgia Annotated, relating to interest on judgments, so as to provide that the amount of judgment upon which interest may be charged shall include attorney's fees awarded and court costs assessed.
Referred to the Committee on Judiciary.
HB 959. By Representative Kaye of the 37th:
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 provide for the nomination and election of candidates by a straight plurality vote; to change a definition; to change provisions for filling a vacancy caused by a candidate's withdrawal, death, or disqualification.
Referred to the Committee on Governmental Affairs.
HB 960. By Representatives Evans of the 28th and Reese of the 85th: A bill to amend an Act creating a new charter for the City of Gumming, so as to create the Municipal Court of the City of Gumming in lieu of the Police Court of the City of Gumming.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 961. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 10, 1999

1529

HB 962. By Representatives Evans of the 28th and Reese of the 85th: A bill to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 963. By Representative Jamieson of the 22nd: A bill to amend an Act granting a new charter to the City of Lavonia, so as to change and extend the corporate limits of such city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 964. By Representatives Stancil of the 16th, Walker of the 141st, Buck of the 135th, Pinholster of the 15th and Royal of the 164th: A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to require the reporting of certain information with respect to any bonds, notes, or other obligations of any political subdivision or public entity.
Referred to the Committee on Ways & Means.
HB 966. By Representative Greene of the 158th: A bill to provide a homestead exemption from City of Cusseta ad valorem taxes for city purposes, including taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of that city who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 967. By Representative Brown of the 130th: A bill to amend Code Section 20-2-188 of the Official Code of Georgia Annotated, relating to student transportation, so as to specify the load limit for school buses.
Referred to the Committee on Education.
HB 968. By Representatives Snelling of the 99th and Hembree of the 98th: A bill to provide a new charter for the City of Douglasville.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 970. By Representatives Hembree of the 98th and Snelling of the 99th: A bill to provide a new charter for the City of Lithia Springs.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 971. By Representatives Powell of the 23rd, Parham of the 122nd and McCall of the 90th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, and Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to

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motor carriers, so as to transfer certain law enforcement functions from the Department of Transportation and the Public Service Commission to the Department of Public Safety.
Referred to the Committee on Motor Vehicles.
HB 972. By Representative Jenkins of the 110th: A bill to create the Jasper County Water and Sewer Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 973. By Representative Jenkins of the 110th: A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 974. By Representative Jenkins of the 110th: A bill to provide a homestead exemption from certain Monroe County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county and a homestead exemption from Monroe County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

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 979. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th:
A bill to amend an Act providing for the compensation of certain public officials and judicial officers in Chatham County, so as to change the compensation of the chairperson and members of the Board of Commissioners of Chatham County.
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 928 HB 929 HB 930 HB 931 HB 932 HB 933 HB 934 HB 935 HB 936 HB 937 HB 938 HB 939

HB 940 HB 941 HB 942 HB 943 HB 944 HB 945 HB 946 HB 947 HB 948 HB 949 HB 950 HB 951

WEDNESDAY, MARCH 10, 1999

1531

HB 965 HB 969 HE 478 HE 493 SB 48 SB 123 SB 127 SB 165 SB 192 SB 199 SB 200

SB 220 SB 236 SB 240 SB 248 SB 254 SB 258 SE 46 SE 116 SE 137 SE 157 SE 184

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 Eesolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HE 333 Do Pass, as Amended HR 378 Do Pass
Respectfully submitted, /s/ Jamieson of the 22nd
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 96 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:

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JOURNAL OF THE HOUSE

HB 794 Do Pass, by Substitute HB 832 Do Pass HB 898 Do Pass HB 899 Do Pass HB 900 Do Pass HB 902 Do Pass HB 903 Do Pass HB 906 Do Pass HB 909 Do Pass

HB 912 Do Pass HB 913 Do Pass HB 915 Do Pass HB 920 Do Pass HB 921 Do Pass HB 922 Do Pass HB 924 Do Pass HB 925 Do Pass HB 926 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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 following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 634 Do Pass
Respectfully submitted, 1st Porter of the 143rd
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 10, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enumerated below:
HB 100 General appropriations; FY 1999-2000 HB 150 Building codes; certain notification; inspector training HB 151 Building codes; compliance; prof engineers perform inspections HB 230 Child support; noncompliance; certain investment professionals HB 259 Arrest warrants; issuance; amend provisions HB 317 Deposit account fraud; restitution; certain bank fees HB 407 Child custody; children 10 to 14; certain rights HB 417 Juvenile proceedings; child not competent; amend provisions HB 429 Mortgage; failure to transmit cancellation; liability of grantee HB 449 Stone Mountain Memorial Assn; exercise police powers HB 456 Detention facilities; out-of-state prisoners; require certain approval HB 467 Unfair business practices; promotional offers; prohibit cert fees HB 500 Controlled substances; certain convictions; prohibit appeal bond HB 550 Schools; persons 18 by September 1; prohibit enrollment HB 557 State tree protection law; establish HB 562 Bad checks; damages; include certain bank fees HB 586 Health care professionals; scope of practice HB 587 Probationary driver's license; replacement fee HB 588 License plates; certain antique vehicles; display HB 604 Breast Cancer Patient Care Act; enact

WEDNESDAY, MARCH 10, 1999

1533

HB 660 Local governments; cert recreational prop; environmental testing HB 668 St employees; health ins; changes conform to Admn Procedure Act HB 713 State Children's Trust Fund and Commission; date of repeal HB 720 State government; lobbying services; prohibit public funds HB 727 Seat belts; failure to use; not evidence of causation HB 804 Supreme Court; terms; ending dates HB 811 Randolph County; superior court; change terms HB 812 Blindness education, screening, and treatment programs; establish HB 819 Insurance; certain medical information; confidentiality HB 823 Motor vehicles; temporary license plates HB 855 Special license plates; bobwhite quail HB 863 Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act HB 872 Georgia Tobacco Community Development Board; create HB 894 State War Veterans' Home & Nursing Home; admission; residency
HR 261 "Captain Robbie Bishop Memorial Highway"; designate HR 330 Jt Study Comm on Art Policies for Capitol and Gov's Mansion; create HR 334 "Frank Earl Stancil Sr. Interchange"; designate HR 379 William P. Ponder Memorial Bridge; designate HR 412 Mus of Nat Hist of UGA; designate State Museum of Natural History HR 417 Gen drugs; strongly urge St Bd of Pharm to req brand name on label HR 425 Governor's Education Reform Study Commission; create HR 437 Fisher Barfoot 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
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
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 officers and officials of DeKalb County, so as to change compensation of the sheriff.
The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3822), so as to change the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3822), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows:

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"SECTION 2.

Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1:

(1) Sheriff...................................................................................................................

(2) Judge of the Probate Court................................................................................

(3) Clerk of the Superior Court...................................................................................75%

(4) Tax commissioner....................................................................................................75%

(5) Judge of the Juvenile Court ................................................................................90%"

SECTION 2. This Act shall become effective January 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, by substitute, the ayes were 103, nays 6.

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

Representatives Henson of the 65th, Stuckey of the 67th, Millar of the 59th, Jennings of the 63rd, Morris of the 155th, Teper of the 61st and Davis of the 60th would like to be recorded as voting "nay" on HB 794.
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.

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

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

Y Alien Y Anderson
Ashe Bailey Y Bannister Y Barnard Y Barnes 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 Y Campbell Y Cash
Y Channell Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y 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
Floyd Y Franklin Y Golick Y Graves Y Greene Y 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 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
McClinton Y McKinney Y Millar Y Mills
Mobley

WEDNESDAY, MARCH 10, 1999

1535

Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell
Purcell
Randall Y Ray
Reaves Y Reece

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
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 N Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor

Teague Y Teper Y Tillman Y Tblbert Y Trense Y Turnquest
Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson N 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 133, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Representative Bohannon of the 139th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon. HB 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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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 commissioners for Catoosa County," so as to strike and revise such Act and amendatory Acts; to provide for definitions; to provide for the election of members of the board.

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 compensation of members of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 immediately preceding the taxable year in which that exemption is first granted to a resident of that city.

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

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

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

WEDNESDAY, MARCH 10, 1999

1537

HB 920. By Representative Murphy of the 18th: A bill to create the Haralson County Family Connection Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 921. By Representative Murphy of the 18th:
A bill to provide a homestead exemption from Haralson County School District 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.

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

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

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 liabilities, so as to change the amount of compensation received by the members of such 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 Barnes Y Benefield

Birdsong Y Bohannon
Bordeaux Y Borders

Y Bridges Y Brooks
Y Brown Y Buck

Buckner Y Bulloch
Y Bunn Y Burkhalter

1538
Y Byrd Y Callaway Y Campbell Y Cash Y Channel!
Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Cornell 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
Ehrhart Y Epps Y Evans Y Everett Y Felton
Floyd Y Franklin

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
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 James Jamieson Jenkins Y Jennings 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 McClinton Y McKinney Y Millar Y Mills 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 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 136, 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 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
SB 152. By Senators Brush of the 24th, Bowen of the 13th, Perdue of the 18th and Streat of the 19th:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to the law enforcement powers of school security personnel in each public school system of the state, so as to remove a population restriction relating to the carrying of firearms or weapons by school security personnel certified by the Georgia Peace Officer Standards and Training Council.

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SB 159. By Senators Williams of the 6th, Blitch of the 7th and Gillis of the 20th:
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 size limits for certain finfish species, so as to provide that there shall be no possession limit on flounder and whiting for certain vessels.
SB 205. By Senators Walker of the 22nd, Fort of the 39th, Cheeks of the 23rd and Polak of the 42nd:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Annotated, 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 authorize the commission to designate a nationally recognized boxing registry.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill 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, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
SB 218. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.
SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Polak of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to authorize investigation and require certain reports and information.
SB 231. By Senators Lee of the 29th and Bowen of the 13th:
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 recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date.
SB 238. By Senator Dean of the 31st:
A bill to provide for the payment of salary supplements from county funds of the counties of the Tallapoosa Judicial Circuit to the judges of the superior court and district attorney of the Tallapoosa Judicial Circuit; to provide for the time, amount, and manner of payments from each county; to repeal a specific former Act; to provide for related matters; to provide for an effective date.
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Thomas of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer

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to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its members; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
SB 242. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date.
SB 245. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for a 36 month review cycle for certain child support orders; to provide for a later review and modification in certain circumstances; to provide for notice to obligors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change.
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.
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.
HB 448. By Representatives Henson of the 65th, Teper of the 61st, Ragas of the 64th 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.
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.
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.

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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.
HB 821. By Representative Skipper of the 137th:
A bill to create a board of elections and registration for Lee County and provide for its powers and duties.
HB 845. By Representative Parrish of the 144th:
A bill to create a board of elections and registration in Johnson County.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 175. By Senators Johnson of the 1st and Gillis of the 20th:
A resolution creating the Joint Study Committee on Water Management and Allocation.
The Senate has agreed to the House amendment to the Senate substitute to the following 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 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 Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 126. By Senators Perdue of the 18th, Thomas of the 10th and Hecht of the 34th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have committed crimes against children.
SB 35. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide that local boards of education may establish disciplinary tribunals which include residents of the school district; to provide for the membership of residents of the school district on certain disciplinary tribunals which are required by law.

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SB 256. By Senators Streat of the 19th, Cheeks of the 23rd and Hugging of the 53rd:
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 permits for excess weight and dimension; to provide an effective date.
SB 253. By Senators Butler of the 55th, Thomas of the 54th, Madden of the 47th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates and decals celebrating the year 2000 and promoting programs to benefit children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights.
SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
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 offenses; to change certain provisions relating to punishments for certain violations 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.
SB 262. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district attorney pro tempore; to provide for compensation.
SB 101. By Senators Madden of the 47th, Streat of the 19th and Jackson of the 50th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights under the Quality Basic Education Formula, so as to provide for the funding of school social workers to serve students in grades two through five who are receiving remedial education services; to provide for an effective date.
SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of 12th 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; to prohibit specified contracts; to provide for exceptions; to provide definitions.
SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
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; to provide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.
SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, so

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1543

as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof.
SB 115. By Senators Ragan of the llth, Meyer von Bremen of 12th and Williams of the 6th:
A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.
SB 251. By Senators Streat of the 19th, Ragan of the llth, Meyer von Bremen of 12th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Agricultural Facilities Authority; to provide for the purpose of the authority with respect to the provision of public agricultural facilities and assistance in the financing of public and private agricultural facilities; to provide for the membership, powers, duties, operations, and functions of the authority.
SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and Johnson of the 1st:
A bill to amend Code Section 33-34-6 of the Official Code of Georgia Annotated, relating to the selection of motor vehicle repair facilities, so as to provide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.
SB 182. By Senators Brush of the 24th and Hill of the 4th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that an applicant for a renewable certificate who plans to teach grades K-3 shall be required to have taken a minimum of three courses in teaching reading.
SB 235. By Senators Hill of the 4th, Thomas of the 10th, Jackson of the 50th 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 provide for early voting and to make conforming changes; to provide for powers and duties of boards of elections, boards of elections and registration, and municipalities regarding early voting; to provide for opening of the main office of the board of registrars or early ballot clerk.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 35. By Senators Cagle of the 49th, Johnson of the 1st, Price of the 56th and others:
A bill to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to provide that local boards of education may establish disciplinary tribunals which include residents of the school district; to provide for the membership of residents of the school district on certain disciplinary tribunals which are required by law.
Referred to the Committee on Education.

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SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and others:
A bill to amend Code Section 33-34-6 of the Official Code of Georgia Annotated, relating to the selection of motor vehicle repair facilities, so as to provide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.
Referred to the Committee on Insurance.

SB 101. By Senators Madden of the 47th, Streat of the 19th and Jackson of the 50th:
A bill to amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating to program weights under the Quality Basic Education Formula, so as to provide for the funding of school social workers to serve students in grades two through five who are receiving remedial education services; to provide for an effective date.
Referred to the Committee on Education.

SB 115. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Williams of the 6th:
A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.
Referred to the Committee on State Institutions & Property.
SB 126. By Senators Perdue of the 18th, Thomas of the 10th and Hecht of the 34th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, and Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to eliminate the two-year limit on supervised probation for probationers who have committed crimes against children.
Referred to the Committee on State Institutions & Property.
SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof.
Referred to the Committee on Judiciary.
SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide

WEDNESDAY, MARCH 10, 1999

1545

for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
Referred to the Committee on Judiciary.

SB 152. By Senators Brush of the 24th, Bowen of the 13th, Perdue of the 18th and others:
A bill to amend Code Section 20-8-5 of the Official Code of Georgia Annotated, relating to the law enforcement powers of school security personnel in each public school system of the state, so as to remove a population restriction relating to the carrying of firearms or weapons by school security personnel certified by the Georgia Peace Officer Standards and Training Council.
Referred to the Committee on Public Safety.

SB 159. By Senators Williams of the 6th, Blitch of the 7th and Gillis of the 20th:
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 size limits for certain finfish species, so as to provide that there shall be no possession limit on flounder and whiting for certain vessels.
Referred to the Committee on Game, Fish & Parks.

SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
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 offenses; to change certain provisions relating to punishments for certain violations 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 Special Judiciary.

SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
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; to provide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.
Referred to the Committee on Judiciary.

SB 182. By Senators Brush of the 24th and Hill of the 4th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that an applicant for a renewable certificate who plans to teach grades K-3 shall be required to have taken a minimum of three courses in teaching reading.
Referred to the Committee on Education.

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SB 205. By Senators Walker of the 22nd, Fort of the 39th, Cheeks of the 23rd and others:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Annotated, 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 authorize the commission to designate a nationally recognized boxing registry.
Referred to the Committee on State Planning & Community Affairs.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd and others:
A bill 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, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
Referred to the Committee on Insurance.
SB 218. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.
Referred to the Committee on State Institutions & Property.
SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to authorize investigation and require certain reports and information.
Referred to the Committee on Industry.
SB 231. By Senators Lee of the 29th and Bowen of the 13th:
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 recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date.
Referred to the Committee on Public Safety.
SB 235. By Senators Hill of the 4th, Thomas of the 10th, Jackson of the 50th 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 provide for early voting and to make conforming changes; to provide for powers and du-

WEDNESDAY, MARCH 10, 1999

1547

ties of boards of elections, boards of elections and registration, and municipalities regarding early voting; to provide for opening of the main office of the board of registrars or early ballot clerk.
Referred to the Committee on Governmental Affairs.
SB 238. By Senator Dean of the 31st:
A bill to provide for the payment of salary supplements from county funds of the counties of the Tallapoosa Judicial Circuit to the judges of the superior court and district attorney of the Tallapoosa Judicial Circuit; to provide for the time, amount, and manner of payments from each county; to repeal a specific former Act; to provide for related matters; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its members; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
Referred to the Committee on Health & Ecology.
SB 242. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date.
Referred to the Committee on Public Safety.
SB 245. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for a 36 month review cycle for certain child support orders; to provide for a later review and modification in certain circumstances; to provide for notice to obligors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change.
Referred to the Committee on Judiciary.
SB 251. By Senators Streat of the 19th, Ragan of the llth, Meyer von Bremen of the 12th and others:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to create the Georgia Agricultural Facilities Authority; to

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provide for the purpose of the authority with respect to the provision of public agricultural facilities and assistance in the financing of public and private agricultural facilities; to provide for the membership, powers, duties, operations, and functions of the authority.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 253. By Senators Butler of the 55th, Thomas of the 54th, Madden of the 47th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates and decals celebrating the year 2000 and promoting programs to benefit children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights.
Referred to the Committee on Motor Vehicles.
SB 256. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
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 permits for excess weight and dimension; to provide an effective date.
Referred to the Committee on Motor Vehicles.
SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of the 12th 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; to prohibit specified contracts; to provide for exceptions; to provide definitions.
Referred to the Committee on Judiciary.
SB 262. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district attorney pro tempore; to provide for compensation.
Referred to the Committee on Judiciary.
SR 175. By Senators Johnson of the 1st and Gillis of the 20th:
A resolution creating the Joint Study Committee on Water Management and Allocation.
Referred to the Committee on Rules.

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

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1549

Representative Orrock of the 56th arose to a point of personal privilege and addressed the House.

The following Resolution of the House was read and referred to the Committee on Rules:
HR 496. By Representatives Birdsong of the 123rd, Randall of the 127th and Lucas of the 124th:
A resolution commending the Wilkinson County High School Warriors Basketball Team and inviting them to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
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 Annotated, 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 report of the Committee, which was favorable to the 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
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
Coan
Y Coleman, B N 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 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 Y Heckstall
Y Hegstrom Y Hembree Y Henson
Y 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 McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills

Mobley Morris Mosley Mueller OTSfeal Orrock Parham
Parriah 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 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 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

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Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Y Walker, L Y Walker, E.L Y Watson

West
Westmoreland Whitaker

Y Wiles Williams, J
N Williams, R

Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 152, nays 2.

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

Representatives Pinholster of the 15th and Bailey of the 93rd 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 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 unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission.

The report of the Committee, which was favorable to the 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
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 N Hammontree Y Banner 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 Maddox
Y Mann
Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall
McClinton
McKinney Y Millar Y Mills
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
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 151, nays 7.

WEDNESDAY, MARCH 10, 1999

1551

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

Representatives Royal of the 164th and Cash of the 108th 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 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.

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
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
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
Hudson, H Hudson, N

Y Hugley Irvin
Y Jackson, B Y Jackson, L Y James
Y Jamieson Jenkins
Y Jennings
Y Jones N Joyce N Kaye Y Lane Y Lewis
Y Lord Y Lucas
Maddox Y Mann
Manning Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
Y McClinton McKinney
Y Millar Y Mills
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 Kagas 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 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 157, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
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 Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.

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JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

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 provide that the failure to use a safety belt in a motor vehicle which has a safety belt or belts shall not be considered by a finder of fact evidence of negligence or causation and shall not be considered in determining liability or to diminish a recovery for damages; 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 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following:

"(d) The failure of an occupant of a paaacngcr motor vehicle to wear a seat safety belt in any seat of a passenger motor vehicle which has a seat safety belt or belts shall not be considered evidence of negligence? or causation, shall not otherwise be considered by the court finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger motor vehicle."

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 Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway Y Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell
Cooper N Cox Y Crawford N Cummings
Davis, M N Davis, T N 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 Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley Y Hammontree Y Hanner Y Harbin Y Harrell N Heard Y Heckstall Y Hegstrom

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

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

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

WEDNESDAY, MARCH 10, 1999

1553

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

Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B N Smith, C N 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 Squares Y Stallings Y Stancil
Stanley, P Y Stanley-Turner N Stephens Y Stokes N Stuckey N 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
Wiles N Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 134, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Millar of the 59th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
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. 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
The following amendment was read and withdrawn:
Representatives Coan of the 82nd, Burkhalter of the 41st, Campbell of the 42nd and Jackson of the 112th move to amend HB 855 by adding after the word and symbol "plates;" on line 13 of page 1 the following:
"to eliminate a certain fee and to change the method of compensating tag agents;". By inserting between lines 38 and 39 on page 3 the following: "Said article is further amended by striking Code Section 40-2-33, relating to the issuance of license plates, the payment and disposition of fees, and the compensation of tag agents, and inserting in lieu thereof a new Code section to read as follows:
'40-2-33.
(a)(l) Upon compliance with the provisions of this chapter and the payment of the license fee required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he shall issue the appropriate plate or revalidation decal.
(2) Reserved.
(3) If the license plate applied for is not in inventory, the application shall be approved and forwarded to the commissioner, who, upon receipt of a proper and approved application, shall issue the license plate applied for by mailing or delivering

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the plate to the applicant. Until the license plate is received by the applicant from the commissioner, the applicant may operate the vehicle without a license plate therefor upon the receipt issued to feka such applicant by the tag agent.

(b) The amount of commission permitted aa compcnaation to tag agents under this Code section shall be $1.00 per license plate or rcvalidation dccal issued during any calendar year. Twenty five cents for each license plate or rcvalidation dcctxl oold in ex. cess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiacal authorities of the county by the tag agent. he remaining portion of auch eommiaaiona All fees collected shall be disposed of as provided in Code Section 40-2-34.

(c)(l) Any other proviaiona of any law of this atatc, whether general, special, or local, to the contrary notwithstanding, and except aa provided in aubaoction (b) of thia Code section and paragraph (2) of thia aubacetion, the fees prcocribcd in subsection (b) of this Code section shall be retained by the tag agent appointed by the commis aioner under this chapter and shall be his own pcraonal compcnaation for the acr vices rendered to the Department of Revenue in the administration of thia chapter, rcgardlc33 of whether aueh agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he ia compcnaatcd for the performance of the duties of such office on a fee baaia or aalary basis, or com bination thereof. It 3hall be his duty, however, as agent for the commissioner in the administration of the purposes of thia chapter, to compcnaatc any additional person ncl which may be ncccaaary to enable anid agent to effectuate the provisions of thia chapter and the rules and rogulationa promulgated under this chapter by the commiaaioncr.

(2) If such tag agent shall be a salaried employee of the county and at a salary in excess of $7,999.00 per annum, the amount of such fees so collected shall go into the general treasury of the county. In such cases, it It shall be the duty of the governing authorities of the county to furnish to the tag agent such additional clerical help as is necessary to carry out the provisions of this chapter.'

SECTION 3".

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

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

Y Alien
Y Anderson Y Ashe Y Bailey
Y 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 Cornell
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 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

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 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

WEDNESDAY, MARCH 10, 1999

1555

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 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 Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 169, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 811. By Representative Greene of the 158th:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y 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 Channel! Y Childers Y Clark Y Coan
Coleman, B Y Coleman, T Y Connell Y Cooper
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 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
Martin, J
Y Martin, J.L Y Massey Y McBee
McCall Y McClinton Y McKinney Y Millar
Y Mills Y Mobley Y Morris
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
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 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
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

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On the passage of the Bill, the ayes were 164, 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 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 confidentiality of patients' medical information obtained by insurers from pharmacies or pharmacists; to prohibit release of such information to third parties without patient consent.

The report of the Committee, which was favorable to the 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 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
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
Grindley
Y Hammontree 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 Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y Craeal 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 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 N 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
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs Y Untennan
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 passage of the Bill, the ayes were 165, nays 1.
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.

WEDNESDAY, MARCH 10, 1999

1557

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.
The following Committee substitute was read and withdrawn:

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; to provide for exceptions; to provide for enforcement; to provide for statutory construction; 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 12 of the Official Code of Georgia Annotated, relating to forest and plant resources, is amended by adding at the end a new article to read as follows:

12-6-230.

"ARTICLE 5

(a) The General Assembly finds that rampant growth and development in certain areas of the state has resulted in the loss of innumerable trees in those areas. Tree roots hold soil in place and tree photosynthesis converts carbon dioxide to oxygen. Tree loss thus has contributed to dramatically increased soil erosion and sedimentation. High growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation. In the exercise of its powers under Article III, Section VI, Paragraph II(a)(l) of the Constitution to protect and preserve the natural resources and environment of this state, the General Assembly enacts this article to protect those areas by protecting the trees growing therein.

(b) The General Assembly further finds that:

(1) Integrated forest canopies reduce the costs of maintenance of other colocated parts of the urban infrastructure;

(2) Well-managed urban forest resources increase in value and provide benefits to all the citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, and general quality of life;

(3) These benefits are crucial to the long-term health, benefit, welfare, and safety of the citizens of the community;

(4) The removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community;

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(5) Community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, storm-water management structures, and sewers;
(6) Healthy community forests increase local commercial and residential property values; and
(7) A tree protection law is one part of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality, air quality, soil erosion, transportation, noise abatement, and wildlife habitat.
(c) As used in this article, the term:
(1) 'Basal area' means the cross-sectional area of a tree trunk measured four feet from the ground.
(2) 'Building footprint' means the area occupied and defined by the exterior of the building proper.
(3) 'Caliper' means diameter of a tree trunk measured at 12 inches in height above the soil line.
(4) 'Critical root zone' means the minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient intact root mass to give the tree or group of trees a reasonable chance of survival.
(5) 'Development or redevelopment activity' means any alteration of the natural environment which requires the approval of a development or site plan, issuance of a development or land disturbance permit, or both, but excluding:
(A) Timber harvesting; (B) All other silviculture practices; (C) Roadway, street, or bridge construction; (D) Any residential property subdivided with five or fewer homes; and (E) The removal or trimming of trees and other vegetation from private property solely for the purpose of enhancing the visibility of an existing, newly constructed, or planned outdoor advertising structure.
(6) 'Minimum basal area standard' means the minimum total tree basal area required to be saved or planted on a site to satisfy the provisions of this Code section.
(7) 'Overstory' means those trees and tree species whose crown will compose the top layer or canopy of vegetation and generally will reach a mature height of greater than 40 feet.
(8) 'Parking lot' means an impervious or semipervious surface dedicated to the temporary or long-term parking of vehicles on site.
(9) 'Percent canopy coverage afforded by a tree or tree species' means a calculation using the average crown spread of planted trees at 15 years after installation which must be met with no less than a 50 percent overstory trees being planted or saved.
(10) 'Silviculture' means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands of which harvesting is an integral part of the process.

WEDNESDAY, MARCH 10, 1999

1559

(11) 'State tree protection law' means the tree protection law set out in Code Section 12-6-231.
(12) 'Timber harvesting" means silvicultural systems in which trees are removed from a site with the expectation that a new stand of trees will be established of which there are basically five types of systems: clearcutting, seed tree, shelterwood, single and group selection of trees, each system employing tree removal to facilitate seedling reestablishment.
(13) Tree save area' means an area designated for preserving naturally growing or existing trees, preserving natural buffers, or trees dedicated to meet the minimum basal area standard requirement.
(14) 'Understory" means those trees that, under normal forest conditions, grow to maturity beneath the overstory trees and will generally reach a mature height of under 40 feet.
(d)(l) In every county in which certificates of emission inspection are required on January 1, 1999, under Article 2 of Chapter 9 of Title 12, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, and every municipality located wholly or partially in such county, no permit for development or redevelopment activity may be granted by such political subdivision unless the activity will meet the minimum standards of the state tree protection law.
(2) In every county in which certificates of emission inspection are first required after January 1, 1999, under Article 2 of Chapter 9 of Title 12, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, and every municipality located wholly or partially in such county, no permit for development or redevelopment activity may be granted by such political subdivision on or after the expiration of 24 months following the date such certificates are first required unless the activity will meet the minimum standards of the state tree protection law.
(3) A county or municipality subject to the state tree protection law under paragraph (1) or (2) of this subsection shall remain subject to that law even if certificates of emission inspection, as described in paragraphs (2) and (3) of this subsection, are no longer required in such county.
(e) A county or municipality subject to the state tree protection law may adopt a local ordinance or resolution which is more protective of trees than the state tree protection law.
12-6-231.
(a) In order to obtain a permit required for development or redevelopment activity for any site which includes any structure other than those specified in subsection (b) of this Code section and excluding forestry civiculture and harvesting practices.
(1) That site must meet the minimum basal area standard of 2.0 square feet per acre for all areas outside the building footprint and utility easements, with parking lots not to be included as building footprint. Should physiographic restrictions of the site limit the ability of the developer to provide the required basal area on site, up to 25 percent of the required number may be planted off site on public land controlled by the political subdivision required to enforce this Code section;

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(2) Trees saved on site or planted on site to be included as meeting the minimum basal area standard shall be counted only as they exist outside all buffers required by state laws and local zoning laws;

(3) Tree save areas for individual trees and groups of trees retained to meet the minimum basal area standard must provide a temporary barrier to entry to the critical root zone at a distance of one and one-half feet radius for every inch of trunk diameter measured four feet above the ground;

(4) Parking lots on all sites must meet and maintain a minimum requirement of 25 percent of canopy coverage at 2:00 P.M. in July and August, of all impervious surface dedicated to parking no less than 15 years after tree installation. These plantings shall be included in the minimum basal area standard density requirement calculations; and

(5) Trees planted to meet the required density minimums shall meet or exceed a two-inch caliper minimum.

(b) In order to obtain a permit required for development or redevelopment activity for a sight for any single-family residential subdivision containing exclusively such residences and associated amenities such as clubhouses, pools, and tennis courts primarily for use by such subdivision's residents:

(1) That site must meet a minimum basal area standard of 2.5 square feet per acre upon 'build out' of the subdivision. This includes only the area outside the initial infrastructure installation such as roads, utilities, and erosion and sedimentation structures;

(2) Trees saved on site or planted on site to be included as meeting the minimum basal area standard shall be counted only as they exist outside all buffers required by zoning laws;

(3) Tree save areas for individual trees and groups of trees retained to meet the minimum basal area standard must provide a temporary barrier to entry to the critical root zone at a distance of one and one-half feet radius for every inch of trunk diameter measured four feet above the ground; and

(4) Trees planted to meet the required density minimums shall meet or exceed a two-inch caliper minimum.

(c) Nothing in this article shall be construed to modify or repeal any provision of Code Sections 32-6-75.1 through 32-6-75.3."

SECTION 2.

This Act shall become effective on July 1, 2000. SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Burkhalter of the 41st, was read and adopted:

WEDNESDAY, MARCH 10, 1999

1561

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; to provide for exceptions; to provide for enforcement; to provide for statutory construction; 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 12 of the Official Code of Georgia Annotated, relating to forest and plant resources, is amended by adding at the end a new article to read as follows:

12-6-230.

"ARTICLE 5

(a) The General Assembly finds that rampant growth and development in certain areas of the state has resulted in the loss of innumerable trees in those areas. Tree roots hold soil in place and tree photosynthesis converts carbon dioxide to oxygen. Tree loss thus has contributed to dramatically increased soil erosion and sedimentation. High growth areas, where natural green spaces are diminishing, have left fewer trees to transform into oxygen the carbon dioxide of ever increasing, harmful vehicular and industrial emissions, resulting in severe air quality degradation. In the exercise of its powers under Article III, Section VI, Paragraph II(a)(l) of the Constitution to protect and preserve the natural resources and environment of this state, the General Assembly enacts this article to protect those areas by protecting the trees growing therein.

(b) The General Assembly further finds that:

(1) Integrated forest canopies reduce the costs of maintenance of other colocated parts of the urban infrastructure;

(2) Well-managed urban forest resources increase in value and provide benefits to all the citizens of the community with respect to air quality, water quality, stormwater management, temperature amelioration, and general quality of life;

(3) These benefits are crucial to the long-term health, benefit, welfare, and safety of the citizens of the community;

(4) The removal of forest canopy from urban areas of the state and its replacement with more intensive land uses exacts real costs upon the infrastructure which must be borne by all citizens of the community;

(5) Community forests function to the benefit of the local citizenry as a part of the public infrastructure as much as streets, utilities, storm-water management structures, and sewers;

(6) Healthy community forests increase local commercial and residential property values; and

(7) A tree protection law is one part of a dedicated and integrated planning process dealing with land use, impacts of impervious surface, urban hydrology and water quality, air quality, soil erosion, transportation, noise abatement, and wildlife habitat.

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(c) As used in this article, the term:
(1) 'Basal area' means the cross-sectional area of a tree trunk measured four feet from the ground.
(2) 'Building footprint' means the area occupied and defined by the exterior of the building proper.
(3) 'Caliper' means diameter of a tree trunk measured at 12 inches in height above the soil line.
(4) 'Conifer tree' means any tree with needle leaves and a woody cone fruit including, but not limited to, pine, juniper, and cedar species.
(5) 'Development or redevelopment activity" means any alteration of the natural environment which requires the approval of a development or site plan, issuance of a development or land disturbance permit, or both, but excluding:
(A) Timber harvesting; (B) All other silviculture practices; (C) Roadway, street, or bridge construction; (D) Any residential property subdivided with ten or fewer homes; and (E) The removal or trimming of trees and other vegetation from private property solely for the purpose of enhancing the visibility of an existing, newly constructed, or planned outdoor advertising structure.
(6) 'Hardwood tree' means any tree that is not a conifer tree.
(7) 'Minimum basal area standard' means the minimum total tree basal area required to be saved or planted on a site to satisfy the provisions of this article.
(8) 'Parking lot' means an impervious or semipervious surface dedicated to the temporary or long-term parking of vehicles on site.
(9) 'Silviculture' means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands of which harvesting is an integral part of the process.
(10) 'State tree protection law' means the tree protection law set out in Code Section 12-6-231.
(11) 'Timber harvesting' means silvicultural systems in which trees are removed from a site with the expectation that a new stand of trees will be established of which there are basically five types of systems: clearcutting, seed tree, shelterwood, single and group selection of trees, each system employing tree removal to facilitate seedling reestablishment.
(d)(l) In every county in which certificates of emission inspection are required on January 1, 1999, under Article 2 of Chapter 9 of Title 12, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, and every municipality located wholly or partially in such county, no permit for development or redevelopment activity may be granted by such political subdivision unless the activity will meet the minimum standards of the state tree protection law.

WEDNESDAY, MARCH 10, 1999

1563

(2) In every county in which certificates of emission inspection are first required after January 1, 1999, under Article 2 of Chapter 9 of Title 12, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, and every municipality located wholly or partially in such county, no permit for development or redevelopment activity may be granted by such political subdivision on or after the expiration of 24 months following the date such certificates are first required unless the activity will meet the minimum standards of the state tree protection law.

(3) A county or municipality subject to the state tree protection law under paragraph (1) or (2) of this subsection shall not remain subject to that law if certificates of emission inspection, as described in paragraphs (2) and (3) of this subsection, are no longer required in such county; but nothing in this paragraph shall prohibit such county or municipality from adopting such law or a local ordinance or resolution protecting trees therein.

(e) A county or municipality subject to the state tree protection law may adopt a local ordinance or resolution which is more protective of trees than the state tree protection law.
12-6-231.

(a) In order to obtain a permit required for development or redevelopment activity for any site which includes any structure other than those specified in subsection (b) of this Code section and excluding forestry silviculture and harvesting practices.

(1) That site must meet the minimum basal area standard of 1.5 square feet per acre for all areas outside the building footprint and utility easements, with parking lots not to be included as building footprint. Should physiographic restrictions of the site limit the ability of the developer to provide the required basal area on site, up to 25 percent of the required number may be planted off site on public land controlled by the political subdivision required to enforce this Code section;

(2) Trees saved on site or planted on site to be included as meeting the minimum basal area standard shall be counted only as they exist outside all buffers required by state laws and local zoning laws; and

(3) Trees planted to meet the required density minimums shall meet or exceed a two-inch caliper minimum and at least 75 percent must be hardwood trees.

(b) In order to obtain a permit required for development or redevelopment activity for a site for any single-family residential subdivision containing exclusively such residences and associated amenities such as clubhouses, pools, and tennis courts primarily for use by such subdivision's residents:

(1) That site must meet a minimum basal area standard of 1.5 square feet per acre upon 'build out' of the subdivision. This includes only the area outside the initial infrastructure installation such as roads, utilities, and erosion and sedimentation structures; and

(2) Meet the requirements of paragraph (2) and (3) of subsection (a) of this Code section.

(c) Nothing in this article shall be construed to modify or repeal any provision of Code Sections 32-6-75.1 through 32-6-75.3."

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SECTION 2. This Act shall become effective on 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, 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 N Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch Y Bunn
Y Burkhalter Y Byrd Y Callaway Y Campbell N Cash N Channell Y Childers N Clark
Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
Cox N 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 N Evans N Everett Y Felton Y Floyd N Franklin
Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner
Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland N Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

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

Y Pelote
N Pinholster
N Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray
Reaves N 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 N Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims Y Sinkfield
Skipper N Smith, B Y Smith, C N Smith, C.W N Smith, L

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling N Snow Y Squires Y Stallings Y Stancil
Stanley, P N Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland N 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 127, nays 37.
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.
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 "nay" thereon.
Representative Holmes of the 53rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 10, 1999

1565

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.
The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," 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, and Code Section 20-3-295, relating to certified lists of borrowers in default, administrative hearings, and appeals, 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 or is a borrower of a guaranteed educational loan under the Georgia Higher Education Loan program who is in default and has not made satisfactory arrangements to ensure voluntary repayment; to provide for hearings and appeals; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Securities Act of 1973," is amended in Code Section 10-5-4, relating to denial, suspension, or revocation of the registration of a dealer, salesperson, investment adviser, or investment adviser representative, by inserting two new subsections to be designated subsections (e) and (f) to read as follows:
"(e) The commissioner, by order, may deny, suspend, deny renewal of, or revoke the registration of a salesperson or investment adviser representative upon notice to the commissioner by either a court of competent jurisdiction or the child support agency within the Department of Human Resources that the applicant for or holder of such a registration is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or Code Section 19-11-9.3. Notwithstanding the provisions of Code Section 10-5-16, the hearings and appeals procedures provided in Code Section 19-628.1 or Code Section 19-11-9.3, where applicable, shall be the only such procedures required under this subsection.
(f) The commissioner, by order, may deny, suspend, deny renewal of, or revoke the registration of a salesperson or investment adviser representative upon notice to the commissioner by the Georgia Higher Education Assistance Corporation that the applicant for or holder of either such license is a borrower in default who is not in satisfactory repayment status as defined in Code Section 20-3-295. Notwithstanding the provisions of Code Section 10-5-16, the hearings and appeals procedures provided in Code Section 20-3-295, where applicable, shall be the only such procedures required under this subsection."

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SECTION 2.
Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended in Code Section 19-6-28.1, relating to the suspension of or denial of an application for or renewal of a license for noncompliance with a child support order, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof the following:
"(2) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, to hunt or fish, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons."
SECTION 3.
Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of the duty to support, is amended in Code Section 19-11-9.3, relating to suspension or denial of a license for noncompliance with a child support order, by striking in its entirety paragraph (9) of subsection (a) and inserting in lieu thereof the following:
"(9) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons."
SECTION 4.
Code Section 20-3-295, relating to certified lists of borrowers in default, administrative hearings, and appeals, is amended by striking in its entirety paragraph (8) of subsection (a) and inserting in lieu thereof the following:
"(8) 'Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to engage in a profession, business, or occupation, including those under Article 3 of Chapter 7 of Title 2, the 'Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' relating to securities salespersons and investment adviser representatives; Part 2 of Article 1 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and

WEDNESDAY, MARCH 10, 1999

1567

other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons."

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

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Barnard Y Barnes Y Benefield Y 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 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
Epps Y Evans
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 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 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
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 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Skipper of the 137th 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.

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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 application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application.
The following substitute, offered by Representatives Sauder of the 29th, Walker of the 141st and Parham of the 122nd, was read:

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 application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application; to provide for transmittal of funds to the Department of Human Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to patient access to eye care, is amended by adding a new Code Section 31-1-23 to read as follows:
"31-1-23.
(a)(l) Subject to availability of funds voluntarily donated and transmitted to the department for such purposes pursuant to subsection (e) of Code Section 40-5-25, the department shall develop a blindness education, screening, and treatment program to provide blindness prevention education and to provide screening and treatment for residents who do not have adequate coverage for such services under a health benefit plan.
(2) Funds voluntarily donated and transmitted to the department pursuant to subsection (e) of Code Section 40-5-25 shall be expended only for purposes of the program provided by this Code section.
(b) The program shall provide for:
(1) Public education about blindness and other eye conditions;
(2) Screenings and eye examinations to identify conditions that may cause blindness; and
(3) Treatment procedures necessary to prevent blindness.
(c) The department may contract for program development with any department approved nonprofit organization dealing with regional and community blindness education, eye donor, and vision treatment services.

WEDNESDAY, MARCH 10, 1999

1569

(d) The department by regulation shall prescribe eligibility requirements for the program."
SECTION 2. Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to applications and fees for motor vehicle drivers' licenses, is amended by adding a new subsection (e) to read as follows:
"(e)(l) The General Assembly finds that it is in the best interests of the state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings and treatments for the benefit of the citizens of Georgia.
(2) Each application form for issuance, reissuance, or renewal of a driver's license under subsection (a) of this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the license fee required under this Code section.
(3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Human Resources for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23.
(4) This subsection shall become effective on January 1, 2000."
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 Floor substitute to HB 812 by inserting after line 38 of page 2 the following:
"SECTION 2A. Said Code section is further amended by adding a new subsection (f) to read as follows:
'(f)(l) The General Assembly finds that it is in the best interests of the state to encourage voluntary funding to assist special need individuals who are on planning lists for requested disability services when such disability is mental health, mental retardation, substance abuse, or a 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.
(2) Each application form for issuance, reissuance, or renewal of a driver's license under subsection (a) of this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 or more to be used for the purposes of assisting special needs individuals on planning lists for home and community based services.
(3) Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Human Resources for use in accordance with the provisions of Chapter 2 of Title 37.'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

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

N Davis, T N Day Y Dean Y DeLoach, B N DeLoach, G Y Dix Y Dixon
N Dodson Y Dukes Y Ehrhart
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 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 Jamieson
N Jenkins N Jennings
Jones Y Joyce Y Kaye N Lane Y Lewis N Lord
Lucas
Y Maddox Y Mann N Manning N Martin, J N Martin, J.L E Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTSTeal N Orrock N Parham N Parrish
Parsons

N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell Y Ragas N Randall N Ray N Reaves N Reece N Reed
Reese
N Reichert Y Rice Y Richardson N Roberts N Rogers N Royal
Sanders N Sauder N Scarlett Y Scheid Y Scott N Shanahan N Shaw N Shipp N Sholar N Sims
Sinkfield N Skipper N 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
N Stallings Y Stancil
Stanley, P N Stanley-Turner N Stephens Y Stokes N Stuckey N Taylor N Teague N Teper N Tillman Y Tolbert N Trense
Turnquest N Twiggs N Untennan
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 53, nays 112.

The amendment was lost.

The Floor substitute was adopted.

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

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

Y Alien Y Anderson Y Ashe Y Bailey
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 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
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

Martin, J
Martin, J.L Massey McBee McCall McClinton McKinney
Millar
Mills Mobley Morris Mosley
Mueller
OTSTeal Orrock Parham Parrish
Parsons

WEDNESDAY, MARCH 10, 1999

1571

Pelote
Pinholster
Poag
Ponder Porter Powell Purcell
Ragas
Randall Ray Reaves Reece Reed
Reese Reichert Rice Richardson
Roberts

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 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read:
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; to provide for the appointment of peace officers by the association; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following:
"(a)(l) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.
(2) In addition to the powers provided in paragraph (1) of this subsection, the association is empowered to exercise the police powers of the state in an area extending not more than 500 yards from the park boundaries adjacent to the entrances and exits used regularly by patrons attending functions at Stone Mountain Park and in an area extending not more than 500 yards from the tennis center.

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(b) The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park, including, without limitation, for which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state. The association is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372;-:fer which no provision haa been made by general law and which arc not inconsistent with the general lawa and Constitution of the State of Georgia. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, the The association is authorized to appoint security peace officers, who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the association. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, such security peace officers shall have the same authority, powers, and privileges regarding enforcement of laws as ahcriffa peace officers employed by county and municipal police departments of this state. Prosecutions for violations of the ordinances of the association shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The association may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63."

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

The following amendment was read and adopted:

Representative Henson of the 65th moves to amend the Committee substitute to HB 449 by inserting between "exits" and "used" on line 26 of page 1 the following:

", other than entrances or exits adjacent to the corporate limits of a municipality, which are".

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 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
Y Burkhalter Y Byrd

Y Callaway
E 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 Y Evans
Y Everett Y Felton Y Floyd Y Franklin
Golick Y Graves Y Greene Y Grindley Y Hammontree
Y Banner Y Harbin Y Harrell
Y Heard Y 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

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 Randa]]
Y Ray Y Reaves Y

WEDNESDAY, MARCH 10, 1999

1573

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

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 Bordeaux
Y Borders Y Bridges Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd Y Callaway E Campbell
Y Cash Y Channell Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T
Connell
Y Cooper Y Cox Y Crawford Y Cunnnings 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 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 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
Porter Y Powell Y Purcell Y Kagas Y Randall Y Ray Y Reaves Y Reece Y Reed
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 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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On the adoption of the Resolution, the ayes were 173, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
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.

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
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
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 O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote 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
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
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 169, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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 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.
The following Committee substitute was read:

WEDNESDAY, MARCH 10, 1999

1575

A BILL
To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to cancellation by the grantee or holder of record upon payment of the indebtedness secured by a mortgage or conveyance to secure debt, so as to provide for cancellation of an instrument upon recording an affidavit that a written notice was mailed to the grantee or holder of record 60 days previously and such grantee or holder of record has not provided a legally sufficient satisfaction or cancellation; to provide for related procedures and the contents of the notice and affidavit and attachments to the affidavit; to provide penalties for filing a fraudulent affidavit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to cancellation by grantee or holder upon payment, is amended by inserting a new subsection (c.l) to read as follows:
"(c.l) In the event that a grantee or holder of record has failed to transmit properly a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record within 60 days after a written notice mailed to such grantee or holder of record by registered or certified mail, return receipt requested, the clerk or clerks are authorized and directed to cancel the instrument upon recording an affidavit by an attorney who has caused the secured indebtedness to be paid in full or by an officer of a regulated or chartered financial institution whose deposits are federally insured if that financial institution has paid the secured indebtedness in full. The notice to be mailed to the grantee or holder of record shall identify the indebtedness and include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items:
(1) A written verification which was given at the time of payment by the grantee or holder of record of the amount necessary to pay off such loan; and
(2)(A) Copies of the front and back of a canceled check to the grantee or holder of record paying off such loan;
(B) Confirmation of a wire transfer to the grantee or holder of record paying off such loan; or
(C) A bank receipt showing payment to the grantee or holder of record of such loan.
Any person who files an affidavit in accordance with this subsection which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

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Representatives Holland of the 157th and Walker of the 141st move to amend the Committee substitute to HB 429 by inserting on line 4 of page 1 between the word "to" and the word "provide" the following:

"specify when a penalty must be paid; to". By striking lines 18 and 19 of page 1 and inserting in lieu thereof the following:

"upon payment, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:

'(c) Upon the failure of the grantee or holder to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee or holder shall, upon written demand, be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee or holder shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the tronsmittol ia made liquidated damages is made. No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder to pay the liquidated damages provided for in this subsection.'

SECTION 2.
Said Code section is further amended by inserting immediately following subsection (c) the following:"
By redesignating Section 2 on line 20 of page 2 as Section 3.

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

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 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 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
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 Ray Reaves Reece
Reed
Reese Reichert Rice Richardson Roberts Rogers Royal Sanders
Sauder Scarlett Scheid Scott Shanahan Shaw

Y Shipp Y Sholar E Sims Y Sinkfield
Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

WEDNESDAY, MARCH 10, 1999

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

1577
Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, E Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 145 Do Pass
Respectfully submitted, /s/ Lucas of the 124th
Chairman
The Speaker assumed the Chair.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

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

The report of the Committee, which was favorable to the 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 Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn Burkhalter Y Byrd Y Callaway E 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
DeLoach, G Dix Y Dixon Y Dodson Dukes Y Ehrhart Epps Y Evans Y Everett Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Grindley Y Hammontree 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 Y Jones Y Joyce
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
Morris
Y Mosley Y Mueller Y O'Neal
Orrock Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Porter Y Powell Y Purcell Ragas Y Randall Ray 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 E Sims Y Sinkfield Skipper Y Smith, B Smith, C Y Smith, C.W Y Smith, L

Smith, L.R Y Smith, P
Smith, T Y Smith, V
Smyre Snelling Y Snow Y Squires 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 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, the ayes were 137, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 10, 1999

1579

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.

The report of the Committee, which was favorable to the 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
Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn
Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash
Y Channell 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 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
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
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 OTSIeal
Orrock
Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas
Y Randall Ray
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
Shaw Y Shipp
Y Sholar
E 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
Smyre Snelling Y Snow Y Squires 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
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
Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 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.
The following Committee substitute was read and adopted:

1580

JOURNAL OF THE HOUSE

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended hy striking paragraph (3) of subsection (a) of Code Section 19-9-1, relating to custody of children, and inserting in lieu thereof the following:
"(3)(A) In all cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child.
(B) In all cases in which the child has reached the age of ten but not 14 years, the court shall consider the desires of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply.
(C) The court may issue an order granting temporary custody to the selected parent for a tri? 1 period not to exceed six months regarding the custody of a child who has reached the age of 14 ten years where the judge hearing the case determines such a temporary order is appropriate."

SECTION 2.
Said article is further amended by adding to subsection (a) of Code Section 19-9-3, relating to discretion of court in custody disputes, a new paragraph (4.1) to read as follows:

"(4.1) In all custody cases in which the child has reached the age of ten but not 14 years, the court shall consider the desires of the child in determining which parent shall have custody. The child's selection shall not be controlling. The best interests of the child standard shall apply."

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 Birds-nig Y Boha ion
Bordeaux Y Borders

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

WEDNESDAY, MARCH 10, 1999

1581

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

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 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
Smyre Y Snelling Y Snow Y Squires Y Stailings 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, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read and adopted:
A BILL
To amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to 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; to require local inspectors to cite with particularity the basis for violations of building codes when so requested by a permit holder; to define certain terms; to require the governing authority of a municipality or county which has adopted provisions for the enforcement of the state minimum standard codes to post a notice stating whether the local inspectors possess certain qualifications; to provide for the contents of such notice; to provide that persons possessing certain qualifications may conduct inspections to determine code compliance if the municipal or county inspectors do not possess such qualifications; to provide for the extent of such inspections; to provide for requirements relative to permit fees and other charges; to provide for the effect of such inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, is amended in subsection (c) of Code Section 8-2-25, relating to the state-wide application of minimum standard codes and the adoption of amendments to such codes by local governments, by adding at the end thereof a new paragraph (7) to read as follows:
"(7) At the time of issuing a building permit, the issuing county or municipality shall notify the holder of the permit of any local amendments to the state minimum standard codes which are in effect for that county or municipality and that any such amendments are on file with the department. A county or municipality may satisfy this notice requirement by posting or providing a summary of the topic of such local amendment or amendments and the address and telephone number of the department."
SECTION 2.
Said part is further amended in Code Section 8-2-26, relating to the enforcement of state building codes, by adding at the end thereof a new subsection (f) to read as follows:
"(f) A local inspector, including a fire service employee enforcing a state or local fire safety standard, who specifies a code violation noted during an inspection shall, upon the written request of the permit holder, cite in writing the particular code book, section, and edition of the code which is the basis of the violation."
SECTION 3.
Said part is further amended by adding a new Code section, to be designated as Code Section 8-2-26.1, to read as follows:
"8-2-26.1.

(a) As used in this Code section, the term:
(1) 'CABO' means the Council of American Building Officials.
(2) 'Qualified inspector' means:
(A) A person inspecting for compliance with the Standard Building Code or the building portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a building inspector;
(B) A person inspecting for the compliance of residential buildings with the National Electrical Code or the electrical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
(C) A person inspecting for the compliance of nonresidential buildings with the National Electrical Code who holds a certification from the SBCCI as a commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board;
(D) A person inspecting for compliance with the Standard Gas Code who holds a certification from the SBCCI as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board;

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(E) A person inspecting for compliance with the Standard Mechanical Code or the mechanical portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board;
(F) A person inspecting for compliance with the Georgia State Plumbing Code, the Standard Plumbing Code, or the plumbing portion of the CABO One- and Two-Family Dwelling Code who holds a certification from the SBCCI as a plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board;
(G) A person inspecting for compliance any portion of the CABO One- and TwoFamily Dwelling Code who holds a certification from the SBCCI as a one and twofamily dwelling inspector;
(H) A person inspecting for compliance with the Georgia State Energy Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or
(I) A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds a certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of engineering expertise while conducting such inspection.
(3) 'SBCCI' means the Southern Building Code Congress International.
(4) 'State Construction Industry Licensing Board' means that board created pursuant to Code Section 43-14-3.
(b) The governing authority of any municipality or county which has adopted provisions for the enforcement of the state minimum standard codes shall post a notice stating whether the personnel employed by that governing authority to conduct inspections for compliance with such codes are qualified inspectors. Such notice shall separately address each minimum standard code enumerated in subdivisions (9)(B)(i)(I) through (9)(B)(i)(VII) of Code Section 8-2-20 and the building, electrical, mechanical, and plumbing portions of the CABO One- and Two-Family Dwelling Code, and state whether all personnel assigned to conduct inspections for the particular code or portion of the code are qualified inspectors for that code or portion of the code.
(c) If such notice states that not all personnel assigned to conduct inspections for a particular state minimum standard code or portion of such code are qualified inspectors for that code or portion of the code, then any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a person who is a qualified inspector for that code or portion of the code and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation to provide the required inspection.
(d) The person, firm, or corporation retaining a qualified inspector to conduct an inspection pursuant to this Code section shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.
(e) A qualified inspector retained pursuant to this Code section shall be empowered to perform any inspection required by the governing authority of any county or municipality, including but not limited to inspections for erosion control, footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the

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issuance of a certificate of occupancy by the governing authority of any county or municipality; provided, however, that the qualified inspector must possess the qualifications described in paragraph (2) of subsection (a) of this Code section for the particular type of inspection. Any inspection conducted pursuant to this Code section shall be no less extensive than an inspection conducted by a county or municipal inspector.

(f) Upon submission by the qualified inspector of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the qualified inspector without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the qualified inspector, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the qualified inspector with a written description of the deficiencies and specific code requirements that have
not been adequately addressed.

(g) Nothing in this Code section shall be construed to apply to inspections for compliance with a state or local fire safety standard.

(h) Nothing in this Code section shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."

SECTION 4. This Act shall become effective on July 1, 1999.

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

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

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

Y Alien Y Anderson Y Ashe Y Bailey 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 E Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y 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 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 Y 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 Y Pinholster N Poag Y Ponder

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

Smith, B Smith, C
Smith, C.W Smith, L
Smith, L.R Smith, P Smith, T Smith, V

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Y Smyre Y Snelling Y Snow Y Squires N Stallings Y Stancil Y 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

1585
Y Westmorland N 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 159, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
The following Committee substitute was read:
A BILL
To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, so as to provide that registered professional engineers may conduct inspections to determine code compliance if the governing authority of a county or municipality cannot provide inspection services within two business days following a request; to provide for the extent of such inspections; to provide for requirements relative to permit fees and other charges; to provide for the filing of inspection reports; to provide for the effect of such inspections; to authorize local governing authorities to impose prequalification requirements on registered professional engineers who conduct inspections; 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 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f)(l) If a governing authority of a county or municipality cannot provide inspection services within two business days of receiving a valid written request for inspection, then, in lieu of inspection by inspectors or other personnel employed by such governing authority, any person, firm, or corporation engaged in a construction project which requires inspection shall have the option of retaining, at its own expense, a professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43, and who is not an employee of or otherwise affiliated with or financially interested in such person, firm, or corporation, to provide the required inspection.
(2) Any inspection conducted by a registered professional engineer shall be no less extensive than an inspection conducted by a county or municipal inspector.
(3) The person, firm, or corporation retaining a registered professional engineer to conduct an inspection shall be required to pay to the county or municipality which requires the inspection the same permit fees and charges which would have been required had the inspection been conducted by a county or municipal inspector.

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(4) The registered professional engineer shall be empowered to perform any inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for erosion control, footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required for the issuance of a certificate of occupancy by the governing authority of any county or municipality, provided that the inspection is within the scope of such engineer's branch of engineering expertise.
(5) The registered professional engineer shall submit a copy of his or her inspection report to the county or municipality.
(6) Upon submission by the registered professional engineer of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the registered professional engineer without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the registered professional engineer, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the registered professional engineer with a written description of the deficiencies and specific code requirements that have not been adequately addressed.
(7) A local governing authority may provide for the prequalification of registered professional engineers who may perform inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriffs advertisements for that locality are published. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a registered professional engineer on the basis of the engineer's expertise with respect to the objectives of the inspection, as demonstrated by the engineer's experience, education, and training.
(8) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers."
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 Borders of the 177th and Stallings of the 100th move to amend the Committee substitute to HB 151 as follows:
Page 1 line 26 delete the word "written".
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.

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1587

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 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 N Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes 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
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
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller
OTCeal 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 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 N 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 passage of the Bill, by substitute, as amended, the ayes were 160, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 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.
The following Committee substitute was read:
A BILL
To amend Part 2 of Article 1 of Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to the organization and personnel of the Department of Banking and Finance, so as to provide that the salary of the commissioner of banking and finance shall be set by the Governor; to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the salary of the commissioner of veterans service shall be set by the Governor with additional compensation to come from the United States government; to amend Title 42

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of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that the salaries of the commissioner of corrections and the members of the board of pardons and paroles shall be set by the Governor; to amend Code Section 45-7-4, relating to the compensation of certain state officials, so as to change provisions relating to the compensation of certain such officials; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, so as to provide that the salary of the state revenue commissioner shall be set by the Governor; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, so as to provide that the salary of the commissioner of administrative services shall be set by the Governor; to provide that certain increases shall be cumulative; 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 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the organization and personnel of the Department of Banking and Finance, is amended by striking Code Section 7-1-31, relating to the position and term of the commissioner, and inserting in lieu thereof a new Code section to read as follows:
"7-1-31.

(a) The head of the department shall be the commissioner who shall exercise supervision and control over all divisions and employees of the department.
(b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor."
SECTION 2.
Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by striking Code Section 38-4-7, relating to the compensation and duties of the commissioner of veterans service, and inserting in lieu thereof a new Code section to read as follows:
"38-4-7.

(a) The commissioner shall be compcnaated aa provided in Code Section 46 7-4. The compensation Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and shall be paid in semimonthly installments. Such salary shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(b) The commissioner, as executive and administrative officer of the Department of Veterans Service and the board, shall be in charge of the administration of all matters pertaining to veterans' affairs under this article and in conformity with rules and regulations of the board.
(c) It shall be the duty of the commissioner:
(1) To effectuate and carry out the laws of the state pertaining to veterans and to perform the duties required of him or her by law and by regulation of the board;

WEDNESDAY, MARCH 10, 1999

1589

(2) To furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under federal legislation, state legislation, or local ordinances;
(3) To assist all veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before appropriate federal governmental departments;
(4) To report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of a governmental agency dealing with veterans' affairs to the proper authority; and
(5) Generally to do and perform all things for the promotion of, in the interest of, and for the protection of the veterans of this state as to their rights under all federal and state laws."
SECTION 3.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-6, relating to the duties and compensation of the commissioner of corrections, and inserting in lieu thereof a new Code section to read as follows:
"42-2-6.

(a) There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this title.
(b) The commissioner shall be appointed by and shall serve at the pleasure of the board. The salary, Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and the expensesj and allowances of the commissioner shall be as set by statute."
SECTION 4.
Said title is further amended by striking Code Section 42-9-5, relating to the compensation of the members of the board of pardons and paroles, and inserting in lieu thereof a new Code section to read as follows:
"42-9-5.
The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their The aalarica, travel expensesy and costs of lodging and meals of the members of the board shall be paid as provided in Code Sections 45-1-4 and Section 45-7-20."

SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (4) through (21) of subsection (a) and inserting in place thereof new paragraphs (4) through (21) to read as follows:
"(4) Commissioner of Agriculture............................................... 67,756.00 100,429.00
(5) Attorney General, effective January 1, 1006...................... 00,000.00 114,633.00

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(6) State auditor........................................................................... 67,236.00 99,608.00
(7) Commissioner of Insurance................................................... 67,744.00 100,396.00
(8) Reserved. Commissioner of eorroetiona................................................... 66,677.00
(9) Commissioner of Labor.......................................................... 67,766.00 100,418.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(10) Reserved. Each member of the State Board of Pardona and Paroles 66,167.00
(11) Each member of the Public Service Commission............. 66,100.00 96,655.00
(12) Reserved. State revenue commiaaioncr................................................. 66,437.00
(13) State School Superintendent............................................... 69,316.00 102,708.00
(14) Secretary of State................................................................ 67,756.00 95,640.00
(15) Reserved. Commissioner of veterans service ....................................... 67,363.00
The above amount of salary for the commissioner of veterans service shall include any compensation received from the United Statca government and the amount of state funds paid shall be reduced by the amount of compensation received from the United Statca government.
(16) Reserved. Commiaaioncr of bonking and finance................................ 66,678.00
(17) Reserved. Commiaaioncr of adminiatrativc acrvieca ........................... 66,676.00
(18) Each Justice of the Supreme Court.................................. 106,249.00 139,418.00
(19) Each Judge of the Court of Appeals................................. 104,582.00 138,556.00
(20) Each superior court judge................................................... 76,644.00 99,862.00
Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.
(21) Each district attorney.......................................................... 67,281.00 88,635.00
Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law."
SECTION 6. Said Code section is further amended by striking the introductory language and first subparagraph of paragraph (22) of subsection (a) and inserting in lieu thereof the following:

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1591

"(22) Each member of the General Assembly........................... 10,000.00 16,200.00
(A) When employees of the executive, judicial, and legislative bronchco of government receive a coat 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 auch state employees a cost-of-living adjustment is provided for state officials as provided in subsection (b) of this Code section, the annual salary of each member of the General Assembly shall be adjusted by the same percentage; but such adjustments for members of the General Assembly shall not take effect until the convening of the next General Assembly in January of the next oddnumbered year."
SECTION 7.
Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) As a cost-of-living adjustment, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, other than including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who are in the classified service of the state merit system. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except that increases for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase."
SECTION 8.
Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, is amended by striking Code Section 48-2-2, relating to the office of the state revenue commissioner, and inserting in lieu thereof a new Code section to read as follows:
"48-2-2.
(a) The office of state revenue commissioner is created.
(b) The commissioner shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor.
(c) The Beginning July 1, 1999, the commissioner shall receive an annual salary as provided by law to be set by the Governor, payable monthly or semimonthly, which shall be his or her total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(d) The commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his such office, which oath shall be in addition to the oath required of all civil officers.

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(e) The commissioner shall be personally liable to the state for any losses occasioned to it by his or her own intentional acts of misconduct. To indemnify the state for any such losses, the commissioner, upon beginning his or her duties, shall execute and file with the Governor an official surety bond approved as to form and sufficiency by the Attorney General in the amount of $100,000.00. The premium on the commissioner's bond shall be paid as an expense of the department."
SECTION 9.
Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and the appointment of a commissioner, and inserting in lieu thereof a new Code section to read as follows:
"50-5-1.

There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be set by the Governor."

SECTION 10.
If the appropriations Act for the fiscal year beginning July 1, 1999, and ending June 30, 2000, provides a percentage increase in salary for the officials affected by this Act, as authorized in subsection (b) of Code Section 45-7-4, such percentage increase shall be cumulative and in addition to the increases provided under Section 5 of this Act.

SECTION 11.
This Act shall become effective on July 1, 1999, except that Sections 6 and 7 of this Act shall become effective on the convening date of the 2001 session of the General Assembly of Georgia.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Ehrhart of the 36th, Irvin of the 45th, Mills of the 21st and Evans of the 28th move to amend the Committee substitute to HB 100 as follows:
Strike Section 6

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

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

Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark Coan Coleman, B Coleman, T

N Connell N Cooper
Y Cox Y 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

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 N Harbin N Harrell

N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston N Howard Y Hudgens Y 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

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1593

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 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 N 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 Y 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 N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 47, nays 130.

The amendment was lost.

Representative Hudson of the 120th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" 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 N Bannister Y Barnard Y Bames Y Benefield Y Birdsong Y Bohannon Y Bordeaux N Borders
Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch N Bunn E 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 N Cooper N Cox
N Crawford Y Cummings
N Davis, M N Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N 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 N Hammontree Y Hanner Y Harbin N 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 Y Manning

Y 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 Y Mueller
O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote N Pinholster
N Poag N Ponder Y Porter
Powell Y Purcell N Ragas Y Randall Y Ray Y Reaves N Reece

N Reed N Reese Y Reichert N Rice N Richardson Y 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 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 Y Smith, V Y Smyre N Snelling

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Y Snow Y Squires Y Stallings N Stancil Y Stanley, P
Y Stanley-Turner

Y Stephens N Stokes N Stuckey Y Taylor Y Teague
Y Teper

Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs
N Unterman

Y Walker, L N Walker, R.L Y Watson Y West Y Westmorland
N Whitaker

N Wiles N Williams, J Y Williams, R N Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 118, nays 57.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 100 was ordered immediately transmitted to the Senate.
The Speaker Pro Tern assumed the Chair. 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.
The following substitute, offered by Representatives Purcell of the 147th, Jamieson of the 22nd and Greene of the 158th, was read and adopted:
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 and who have dropped out of school or withdrawn from school for one quarter or more after reaching age 18 shall not be automatically eligible for enrollment; to provide that any such person may apply for enrollment; to provide for factors to be considered in approving or disapproving such application for enrollment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment in the public schools, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(l) Except as otherwise provided by subsection (b) of this Code section and paragraph (2) of this subsection, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have not attained the age of 18 who have reenrolled after dropping out and students who are married, parents, or pregnant. Special education students shall atee be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, only if they were enrolled during the preceding school year and had an approved Individualized Education Program (IBP) which indicated that a successive year of enrollment was needed. Other 3tudcnt3 who have not yet attained age 31 by September 1 or received high school diplomas or the equivalent ahall be eligible for enrollment in appropriate education programa, provided they have not dropped out of school for one quarter or more.

WEDNESDAY, MARCH 10, 1999

1595

(2) Any child or youth who has attained the age of 18 but not the age of 20 by September 1 and who has dropped out of school or withdrawn from school for one quarter or more after his or her eighteenth birthday shall not be automatically eligible for enrollment but may apply in writing to the local unit of administration for enrollment. The local unit of administration, after considering relevant factors, including, but not limited to, the applicant's academic record, disciplinary record, and other factors which the applicant may present, shall permit an applicant to enroll or show reasonable cause why the applicant shall not be enrolled.

(3) Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. Thc3c Such programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the 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, 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 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 Fairish Parsons

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas
Randall Ray
Reaves Reece Heed
Reese Reichert Rice Richardson Roberts Rogers
Royal Sanders Sauder Scarlett Scheid Scott Shanahan
Shaw

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Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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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
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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. 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.
The following Committee substitute was read and withdrawn:

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; to provide for evaluations and reports; to provide for inadmissibility of certain statements and information; to provide for competency hearings and notice and proceedings relating thereto; to provide for resumption of other juvenile proceedings; to prohibit certain actions regarding children determined not to be competent; to provide for transfers of proceedings and for jurisdiction; to provide for plan managers, competency plans, and meetings thereon; to provide for disposition, review, and other hearings and notices and orders relating thereto; to provide for commitment of the child to certain agencies; to provide for continuing jurisdiction over children determined not to be competent; to provide for referrals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding at the end a new article to read as follows:

15-11-150.

"ARTICLE 4

The purpose of this article is to:

(1) Set forth procedures for a finding of incompetency and a declaration of dependency for any child while the child is not competent; and

(2) Provide a mechanism for the development and implementation of a competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is not competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court.

WEDNESDAY, MARCH 10, 1999

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15-11-151.
As used in this article, the term:
(1) 'Competency plan* means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a competency plan is to bring or restore the child to competency such that he or she is able to participate in adjudication or disposition hearing for delinquency or unruliness.
(2) 'Competency proceedings' means hearings conducted to determine whether a child is competent.
(3) 'Competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case.
(4) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not competent by the court, and has charges pending which have not been dismissed by the court.
(5) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters.
(6) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records.
(7) 'Qualified examiner" means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.
15-11-152.
(a) If at any time after the filing of a. petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the competency proceeding.
(b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is competent. If the basis for questioning the child's competency concerns a problem with intellectual functioning, mental retardation, or a learning disability, the qualified examiner must be a licensed psychologist. The attorney for the state shall provide the qualified examiner with any police or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the competency evaluation.

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(c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report may contain the following:
(1) The reason for the evaluation;
(2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;
(3) Any available pertinent background information;
(4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both;
(5) A description of abilities and deficits in the following competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings;
(B) The ability to comprehend his or her situation in relation to the proceedings; and
(C) The ability to render assistance to the defense attorney in the preparation of his or her case;
(6) An opinion regarding the potential significance of the child's competency, strengths, and deficits; and
(7) An opinion regarding whether or not the child should be considered competent.
(d) If, in the opinion of the qualified examiner, the child should not be considered competent, the evaluation report shall also include the following:
(1) An opinion regarding the potential for the remediation of significant competency deficits;
(2) Recommendations for the general level and type of remediation necessary for significant deficits; and
(3) Recommendations for modifications of court procedure which may help compensate for competency weaknesses.
(e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report.
(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, and any guardian ad litem for the child no later than five working days prior to the competency hearing.
(g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources.

WEDNESDAY, MARCH 10, 1999

1599

(h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding nor shall such statement be used to gather additional evidence against the child.
15-11-153.
(a) A hearing of competency shall be conducted within 60 days after the initial court order for evaluation. At least ten day's prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. The hearing may be continued by the court for good cause shown.
(b) At the hearing of competency, the attorney representing the child and the attorney representing the state shall have the right to:
(1) Present evidence;
(2) Call and examine witnesses;
(3) Cross-examine witnesses; and
(4) Present arguments.
The order of proceeding shall be determined by the court. The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state.
(c) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties. The burden of proving that the child is competent shall be on the state. The standard of proof necessary for proving competency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings.
(d) If the court finds that the child is competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child competent.
(e) If the court finds that the child is not competent, the child may be adjudicated dependent by the court or the court may dismiss the charges against the child. A child who is thus found not to be competent shall not be subject to discretionary transfer to superior court, adjudication, disposition, or modification of disposition as long as such incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously.
15-11-154.
(a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence.

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When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's competency is restored, jurisdiction of the case may be returned to the sending court.
(b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following:
(1) The specific deficits the plan is attempting to address, including supervision, competency, or competency restoration;
(2) An outline of the specific provisions for supervision of the child for protection of the community and the child;
(3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services in the least restrictive environment and achievable within the limits of current resources; and
(4) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan.
The court in its discretion may grant the plan manager an extension in filing the competency plan.
(c)(l) The competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting:
(A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child; (C) The attorney representing the state; (D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives; (F) Any probation officer or caseworker who works with the child; and (G) A representative from the child's school.
(2) The plan manager may request that other relevant persons attend the competency plan meeting including but not limited to the following:
(A) A representative from the division of public health; (B) A child protective services worker; (C) Representatives of the public and private resources to be utilized in the plan; and (D) Any family member of the child who has shown an interest and involvement in the child's well-being.
(3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting.

WEDNESDAY, MARCH 10, 1999

1601

15-11-155.
(a) The court shall hold a disposition hearing for the purpose of approving the competency plan within 30 days after the competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing.
(b) The persons required to be notified of the competency hearing and witnesses identified by the plan manager shall be given at least ten day's prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten day's prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child.
(c) At the disposition hearing, the court shall enter an order incorporating a competency plan as part of the disposition. If, upon subsequent review, the court determines that the child may be competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's competency.
(d) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended competency plan.
(e) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed upon grounds other than the child's not being competent.
(f) If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant code provisions for commitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law.
(g)(l) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional twoyear periods as provided in subsection (m) of Code Section 15-11-41.
(2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the dispositional order incorporating the competency plan. The order may not be extended by the court.

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(h) If the court finds that a child is not competent to stand trial, any party may file at any time a motion for a rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child's mental condition has changed. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 1511-153, 15-11-154, and this Code section and shall enter findings of fact as to the child's competency.

(i) If a child is under a competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute offered by Representatives Stuckey of the 67th, Martin of the 47th and Teper of the 61st, was read and adopted:

A BILL

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for legislative purpose and definitions; to provide for the stay of certain proceedings regarding a child who may not be mentally competent; to provide for evaluations and reports; to provide for inadmissibility of certain statements and information; to provide for mental competency hearings and notice and proceedings relating thereto; to provide for resumption of other juvenile proceedings; to prohibit certain actions regarding children determined not to be mentally competent; to provide for transfers of proceedings and for jurisdiction; to provide for plan managers, mental competency plans, and meetings thereon; to provide for disposition, review, and other hearings and notices and orders relating thereto; to provide for commitment of the child to certain agencies; to provide for continuing jurisdiction over children determined not to be mentally competent; to provide for referrals; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding at the end a new article to read as follows:

15-11-150.

"ARTICLE 4

(a) The purpose of this article is to:

(1) Set forth procedures for a determination of mental incompetency and a declaration of dependency for any child while the child is determined to be not mentally competent; and

(2) Provide a mechanism for the development and implementation of a mental competency plan for treatment, habilitation, support, or supervision, within current resources, for any child who is determined to be not mentally competent to participate in an adjudication or disposition hearing and is adjudicated dependent upon the court.

WEDNESDAY, MARCH 10, 1999

1603

(b) The provisions of this article shall not apply to any case in which the superior court has jurisdiction pursuant to Code Section 15-11-5.1.
15-11-151.
As used in this article, the term:
(1) 'Dependent' means a child who is alleged to have committed a delinquent or unruly act, is found not mentally competent by the court, and has charges pending which have not been dismissed by the court.
(2) 'Judge' means any judge, associate judge, or judge pro tempore of the court exercising jurisdiction over juvenile matters.
(3) 'Mental competency plan' means an interagency treatment, habilitation, support, or supervision plan developed at an interagency meeting of state or local agency representatives, parties, and other interested persons, which is achievable within the limits of current resources, following a court's finding that a child is not mentally competent and dependent upon the court and submitted to the court for approval as part of the disposition of the dependency case. The goal of a mental competency plan is supervision, to bring or restore the child to mental competency such that he or she is able to participate in adjudication, a disposition hearing for delinquency or unruliness, or a proceeding regarding transfer to superior court.
(4) 'Mental competency proceedings' means hearings conducted to determine whether a child is mentally competent to participate in adjudication, a disposition hearing, or a transfer proceeding held pursuant to this chapter.
(5) 'Mentally competent' means having sufficient present ability to understand the nature and objectives of the proceedings, against himself or herself, to comprehend his or her own situation in relation to the proceedings, and to render assistance to the defense attorney in the preparation and presentation of his or her case in all adjudication, disposition, or transfer hearings held pursuant to this chapter.
(6) 'Plan manager' means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a mental competency plan. Said person is responsible for collecting all previous histories of the child including evaluations, assessments, and school records.
(7) 'Qualified examiner' means a licensed psychologist or psychiatrist who has expertise in child development and has received training in forensic evaluation procedures through formal instruction, professional supervision, or both.
15-11-152.
(a) If at any time after the filing of a petition alleging delinquency or unruliness the court has reason to believe that the child named in the petition may not be mentally competent, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, or the attorney representing the state may stay all delinquency or unruly conduct proceedings relating to that petition and order an evaluation of the child's mental condition. All time limits under Article 1 of this chapter for adjudication and disposition of that petition are tolled during the evaluation, adjudication, and disposition phases of the mental competency proceeding.
(b) An evaluation ordered under subsection (a) of this Code section shall be conducted by a qualified examiner who shall consider whether the child is mentally competent. If the basis for questioning the child's mental competency concerns a problem with in-

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tellectual functioning, mental retardation, or a learning disability, the qualified examiner must be a licensed psychologist. The probation officers of juvenile court shall provide the qualified examiner with any law enforcement or court records necessary for understanding the petition alleging delinquency or unruliness. The attorney for the child may provide the qualified examiner with any records from any other available sources that are deemed necessary for the mental competency evaluation.
(c) A qualified examiner who conducts an evaluation under subsection (b) of this Code section shall submit a written report to the court, within 30 days from receipt of the court order requiring the evaluation, which report shall contain the following:
(1) The reason for the evaluation;
(2) The evaluation procedures used, including any psychometric instruments administered, any records reviewed, and the identity of any persons interviewed;
(3) Any available pertinent background information;
(4) The results of a mental status exam, including the diagnosis and description of any psychiatric symptoms, cognitive deficiency, or both;
(5) A description of abilities and deficits in the following mental competency functions:
(A) The ability to understand and appreciate the nature and object of the proceedings; (B) The ability to comprehend his or her situation in relation to the proceedings; and (C) The ability to render assistance to the defense attorney in the preparation of his or her case;
(6) An opinion regarding the potential significance of the child's mental competency, strengths, and deficits; and
(7) An opinion regarding whether or not the child should be considered mentally competent.
(d) If, in the opinion of the qualified examiner, the child should not be considered mentally competent, the evaluation report shall also include the following:
(1) A diagnosis made as to whether there is a substantial probability that the child will attain mental competency to participate in adjudication, a disposition hearing, and a transfer hearing in the foreseeable future;
(2) Recommendations for the general level and type of remediation necessary for significant deficits; and
(3) Recommendations for modifications of court procedure which may help compensate for mental competency weaknesses.
(e) The court in its discretion may grant the qualified examiner an extension in filing the evaluation report.
(f) Copies of the written evaluation report shall be provided by the court to the attorney representing the child, the attorney representing the state, the district attorney or a member of his or her staff, and any guardian ad litem for the child no later than five working days after receipt of the report by the court.

WEDNESDAY, MARCH 10, 1999

1605

(g) Upon a showing of good cause by any party or upon the court's own motion, the court may order additional examinations by other qualified examiners. In no event shall more than one examination be conducted by a qualified examiner employed by the Department of Human Resources.
(h) No statement made by a child or information obtained in the course of an evaluation, hearing, or other proceeding provided for in this Code section, whether the evaluation is with or without the consent of the child, shall be admitted into evidence against the child in any future proceeding in the state's case-in-chief.
15-11-153.
(a) A hearing of mental competency shall be conducted within 60 days after the initial court order for evaluation. At least ten days' prior written notice of the hearing shall be transmitted to the child, any parent, guardian, or other legal custodian of the child, any guardian ad litem for the child, the attorney representing the child, and the attorney representing the state. Ten days' prior written notice of the hearing shall be served on the district attorney, for all mental competency proceedings in which the district attorney, or a member of the district attorney's staff, may participate. The hearing may be continued by the court for good cause shown.
(b) At the hearing of mental competency, the attorney representing the child and the attorney representing the state shall have the right to:
(1) Present evidence;
(2) Call and examine witnesses;
(3) Cross-examine witnesses; and
(4) Present arguments.
The qualified examiner appointed by the court shall be considered the court's witness and shall be subject to cross-examination by both the attorney representing the child and the attorney representing the state.
(c) The court's findings of fact shall be based on any evaluations of the child's mental condition conducted by qualified examiners appointed by the court and any evaluations of the child's mental condition conducted by independent evaluators hired by the parties. The burden of proving that the child is not mentally competent shall be on the child. The standard of proof necessary for proving mental incompetency shall be a preponderance of the evidence. Copies of the court's findings shall be transmitted to the same parties to whom notice of the hearing was provided within ten days following the issuance of those findings.
(d) If the court finds that the child is mentally competent, the proceedings which have been suspended shall be resumed and the time limits under Article 1 of this chapter for adjudication and disposition of the petition shall begin to run from the date of the order finding the child mentally competent.
(e) If the court finds that the child is not mentally competent, the child may be adjudicated dependent by the court. If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent, and the child is adjudicated dependent, the court may dismiss the petition without prejudice. A child who is thus found not to be mentally competent shall not be subject to discretionary transfer to superior court, adjudication,

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disposition, or modification of disposition as long as such mental incompetency exists. At the time the child is adjudicated dependent upon the court, the court shall appoint a guardian ad litem to represent the best interests of the child if a guardian ad litem has not been appointed previously. 15-11-154.
(a) If at any time following an adjudication of dependency, the court determines that the child is a resident of a county of this state other than the county in which the court sits, the court may transfer the proceeding to the county of the child's residence unless the act alleged would be a felony if committed by an adult. When any case is transferred pursuant to this Code section, certified copies of all legal, social history, health, or mental health records pertaining to the case on file with the clerk of the court shall accompany the transfer. Compliance with this Code section shall terminate jurisdiction in the sending court and initiate jurisdiction in the receiving court. If the child's mental competency is restored, jurisdiction of the case may be returned to the sending court.
(b) Upon an adjudication of dependency, the court having jurisdiction of the case shall appoint a plan manager who may be any guardian ad litem for the child or may be any other person who is under the supervision of the court. The person so appointed shall submit a mental competency plan to the court within 30 days of the court's adjudication of dependency. That plan shall include the following:
(1) The specific deficits the plan is attempting to address, including supervision, mental competency, or mental competency restoration;
(2) An outline of the specific provisions for supervision of the child for protection of the community and the child;
(3) An outline of a plan designed to provide for treatment, habilitation, support, or supervision services achievable within the limits of current resources; and
(4) Identification of all parties, including the child, agency representatives, and other persons responsible for each element of the plan.
The court in its discretion may grant the plan manager an extension in filing the mental competency plan.
(c)(l) The mental competency plan shall be developed at a meeting of all relevant parties convened by the plan manager. The plan manager shall request that the following persons attend the meeting:
(A) Any parent, guardian, or other legal custodian of the child; (B) The attorney representing the child;
(C) The attorney representing the state;
(D) Any guardian ad litem of the child; (E) Mental health or mental retardation representatives;
(F) Any probation officer or caseworker who works with the child; and
(G) A representative from the child's school.
(2) The plan manager may request that other relevant persons attend the mental competency plan meeting including but not limited to the following:
(A) A representative from the division of public health; (B) A child protective services worker;

WEDNESDAY, MARCH 10, 1999

1607

(C) Representatives of the public and private resources to be utilized in the plan; and
(D) Any family member of the child who has shown an interest and involvement in the child's well-being.
(3) The plan manager shall be responsible for collecting all previous histories of the child, including but not limited to previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the meeting.
15-11-155.
(a) The court shall hold a disposition hearing for the purpose of approving the mental competency plan within 30 days after the mental competency plan has been submitted to the court. Thereafter, the court shall hold a hearing for the purpose of reviewing the child's condition and approving the mental competency plan every six months during the child's dependency. Before the disposition hearing and any review hearings, the plan manager shall be responsible for convening a meeting of all parties, representatives of all agencies, and other persons responsible for the plan and for identifying to the court any persons who should provide testimony at such hearing.
(b) The persons required to be notified of the mental competency hearing and witnesses identified by the plan manager shall be given at least ten days' prior notice of the disposition hearing and any subsequent hearing to review the child's condition and shall be afforded an opportunity to be heard at any such hearing. The victim, if any, of the child's delinquent or unruly act shall also be provided with the same ten days' prior notice regarding any such hearing and shall be afforded an opportunity to be heard and to present a victim impact statement to the court at any such hearing. The judge shall make a determination regarding sequestration of witnesses in order to protect the privileges and confidentiality rights of the child.
(c) At the disposition hearing, the court shall enter an order incorporating a mental competency plan as part of the disposition. If, upon subsequent review, the court determines that the child may be mentally competent, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, and 15-11-154 and enter findings of fact as to the child's mental competency.
(d) At any time, in the event of a change in circumstances regarding the child, the court on its own motion or on the motion of the attorney representing the child, any guardian ad litem for the child, the attorney for the state, or the plan manager may set a hearing for review of the mental competency plan and any proposed amendments to that plan. The court may issue an appropriate order incorporating an amended mental competency plan.
(e) At the disposition hearing and at every review hearing, the court shall consider whether the petition alleging delinquency or unruliness should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than the child's not being mentally competent. If the court dismisses the petition, the state may seek to refile petitions alleging felonies if the child is later determined to be mentally competent. The state may also seek transfer to superior court if the child is later determined to be mentally competent.
(f) The district attorney or a member of his or her staff may seek civil commitment pursuant to Chapters 3 and 4 of Title 37. If, during the disposition hearing or any subsequent review hearing, the court determines that the child meets criteria for commitment and that services are available under the relevant Code provisions for com-

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mitment to any agency or agencies for treatment, habilitation, support, or supervision, the court may commit the child to an appropriate agency or agencies for services under applicable law.

(g)(l) If the court determines that a child alleged to have committed an act which is a felony if committed by an adult is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to two years after the date of the order of adjudication. The order may be extended for additional two-year periods as provided in subsection (m) of Code Section 15-11-41.

(2) If the court determines that a child alleged to have committed an act which is a misdemeanor if committed by an adult or an unruly act is not mentally competent and the child is adjudicated as a dependent, the court shall retain jurisdiction of the child for up to 120 days following the disposition order incorporating the mental competency plan. The order may not be extended by the court.

(h) If the court finds that a child is not mentally competent to stand trial, any party may file at any time a motion for a. rehearing on the issue of the child's mental incompetency. The court shall grant such motion upon a showing by the moving party that there are reasonable grounds to believe that the child is now mentally competent. If this motion is granted, the court shall proceed as provided in Code Sections 15-11-152, 15-11-153, 15-11-154, and this Code section and shall enter findings of fact as to the child's mental competency.

(i) If a child is under a mental competency plan when the child reaches the age of 18, the plan manager shall make a referral to appropriate adult services."

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, 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
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 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
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 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 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 Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Y Ray Y Reaves Y Reece Y Reed
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

WEDNESDAY, MARCH 10, 1999

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 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

1609
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.
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 Annotated, 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".
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 20-2-881 of the Official Code of Georgia Annotated, relating to the authority of the State Personnel Board to establish a health insurance plan for teachers, 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"; to provide for exceptions; to provide that such provisions shall be applicable to any successor agencies; to amend Code Section 45-18-2, relating to the authority of the State Personnel Board to establish a health insurance plan for state employees, 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"; to provide for exceptions; to provide that such provisions shall be applicable to any successor agencies; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-881 of the Official Code of Georgia Annotated, relating to the authority of the State Personnel Board to establish a health insurance plan for teachers, is amended by inserting at the end thereof the following:
"(f)(l) Any other provision of law to the contrary notwithstanding, except as otherwise provided in this subsection, the board shall comply with all provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in making any change to the health insurance plan created pursuant to this chapter; provided, however, that any such change which results in enhanced benefits to the members shall be exempt from this subsection.
(2) Upon the certification of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, jointly, of a situation of great necessity, the board may make a change to the health insurance plan created by this chapter without complying with paragraph (1) of this subsection.

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(3) Paragraph (1) of this subsection shall not apply to any changes made pursuant to an Act of the General Assembly.

(4) The provisions of this subsection shall apply to any agency which manages the health insurance plan created by this chapter or any successor to such health insurance plan."

SECTION 2.
Code Section 45-18-2 of the Official Code, relating to the authority of the State Personnel Board to establish a health insurance plan for state employees, is amended by inserting at the end thereof the following:

"(e)(l) Any other provision of law to the contrary notwithstanding, except as otherwise provided in this subsection, the board shall comply with all provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in making any change to the health insurance plan created pursuant to this chapter; provided, however, that any such change which results in enhanced benefits to the members shall be exempt from this subsection.

(2) Upon the certification of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, jointly, of a situation of great necessity, the board may make a change to the health insurance plan created by this chapter without complying with paragraph (1) of this subsection.

(3) Paragraph (1) of this subsection shall not apply to any changes made pursuant to an Act of the General Assembly.

(4) The provisions of this subsection shall apply to any agency which manages the health insurance plan created by this chapter or any successor to such health insurance plan."

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 Benefleld Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch Y Bunn

E Burkhalter
Y Byrd
N 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
Epps Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Greene Y Grindley Y Hammontree

Y Hanner Y Harbin
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

James Jamieson Jenkins Jennings
Jones
Joyce Kaye Lane Lewis Lord Lucas Maddox Mann Manning Martin, J Martin, J.L Massey McBee McCall

Y McClinton Y McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller
CWeal Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Ponder

WEDNESDAY, MARCH 10, 1999

1611

Y Porter Y Powell Y Purcell Y Ragas Y Eandall Y Ray
Reaves Y Reece Y Reed
Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders

Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y 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 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 155, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 73 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman
The following Resolution of the House was read:
HR 497. By Representatives Stokes of the 92nd, Cox of the 105th, Squires of the 78th, Unterman of the 84th, Morris of the 155th and others
A RESOLUTION
Recognizing the Honorable Thomas B. Murphy, Speaker of the Georgia House of Representatives; and for other purposes. WHEREAS, the Honorable Thomas B. Murphy is the Speaker of the Georgia House of Representatives and has served in this capacity since the year of our Lord one thousand nine hundred and seventy-four and has been a member of this house since the year of our Lord one thousand nine hundred and sixty-one; and WHEREAS, the Honorable Speaker Murphy is the longest serving Speaker of the House in the history of the State of Georgia, and he is the longest serving Speaker of the House in the United States of America; and WHEREAS, the Honorable Speaker Murphy has and continues to offer unsurpassed leadership and to bring honor unto himself and this august legislative body; and

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WHEREAS, the freshman class of the 1999 Georgia House of Representatives is honored to have the distinct pleasure to serve during Speaker Murphy's tenure and to benefit in countless ways from the experience; and
WHEREAS, the Honorable Speaker Murphy is celebrating his 75th Birthday on March 10, 1999, and it is most fitting and appropriate that this notable occasion be properly recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body pay tribute to the Honorable Thomas B. Murphy for his distinguished service as Speaker of the Georgia House of Representatives and express to him their sincerest best wishes for health and happiness on the momentous occasion of
his 75th Birthday.

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 Honorable Speaker Thomas B. Murphy, Speaker of the Georgia House of Representatives.

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 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 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
Jackson, L Y James Y Jamieson Y Jenkins
Jennings
Y Jones Y Joyce
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 McKinney Y Millar Mills Y Mobley 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 Y Reaves
Reece Y Reed
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, E Wix Yates Murphy, Spkr

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

WEDNESDAY, MARCH 10, 1999

1613

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.

The report of the Committee, which was favorable to the 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 Andersen Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter 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 Cummings Y Davis, M

Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epps Y Evans Y Bverett 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 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 Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberts N 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

On the passage of the Bill, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Rogers of the 20th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.

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The following Committee substitute was read and adopted:

A BILL

To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that in no event shall the state, a county, a municipal corporation, or any other political subdivision, public authority, or state or local governmental agency be liable for any cost associated with the housing of out-of-state prisoners in a detention facility located in this state and operated by a private contractor; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Chapter 1, relating to general provisions applicable to penal institutions, a new Code Section 42-1-13 to read as follows:
"42-1-13.

(a) As used in this Code section, the term:
(1) 'Detention facility" means a facility used for the confinement of a person charged with or convicted of a crime.

(2) 'Out-of-state prisoner' means a person who is serving a sentence of incarceration imposed upon conviction of a crime in a state other than Georgia, or a crime under federal law, or who is in custody as a result of violating immigration laws.

(3) 'Private contractor' means any individual, company, corporation, association, partnership, or other legal entity other than a governmental agency.

(b) In no event shall the state, a county, a municipal corporation, or any other political subdivision, public authority, or state or local governmental agency be liable for any cost associated with the housing of out-of-state prisoners in a detention facility located in this state and operated by a private contractor."

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 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 E 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
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
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 Y Maddox

WEDNESDAY, MARCH 10, 1999

1615

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 OTSTeal
Y Orrock
Y Parham Y Parrish Y Parsons
Pelote Y 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 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
Untennan 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 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.
The following amendment was read and adopted:
The Committee on Agriculture and Consumer Affairs moves to amend HB 872 by adding after the semicolon on line 10 of page 1 the following:
"to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to compensation of the members of certain boards and commissions, so as to provide for the compensation of members of the board;". By adding after the period on line 32 of page 1 the following:
"Within each category, one initial appointee shall have a term of two years and the other shall have an initial term of three years. Thereafter, all terms of appointed members shall be three years. Each member shall also serve until his or her successor is duly appointed." By inserting between lines 22 and 23 of page 4 the following:
"SECTION 1.1. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to compensation of the members of certain boards and commissions, is amended by striking the word 'and' at the end of paragraph (14); by replacing the period at the end of paragraph (15) with the symbol and word '; and'; and by adding thereafter a new paragraph (16) to read as follows:
'(16) Georgia Tobacco Community Development Board."

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

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

Alien 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 Y 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 Ployd Franklin Golick Graves
Greene Grindley Hamroontree 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
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.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 Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Tfeague 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 151, nays 5.

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

Representatives Skipper of the 137th and Hudgens of the 24th 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 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.

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

Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders

Bridges Brooks Brown Buck
Buckner Bulloch

Bunn Burkhalter
Byrd Callaway Campbell Cash

Y Channell Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T

Connell
Y Cooper Y Cox Y Crawford Y Cummings
Davia, M Y Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
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

WEDNESDAY, MARCH 10, 1999

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
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
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 Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas Y Bandall Y Ray Y Reaves Y Reece

Reed Reese Rekhert 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

1617
Snow Squires Stallings Stancil Stanley, P Stanley-Turner Stephens Stokes Stuckey Tfcylor 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 162, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Bohannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR
WEDNESDAY, MARCH 10, 1999 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 10, 1999, by adding the following:
HB 182 Juvenile courts; creation; amend provisions HB 335 Fireworks; redefine HB 343 Driver training; certain provisions; exclude certain schools HB 496 Special plates & parking; handicapped persons; amend provisions HB 577 Optometrists; continuing education; certain date HB 623 Ad valorem tax; certain mobile homes; assessed value HB 658 Georgia Commission on Women; absences; residency requirement HB 816 Conditioned air contractors; repeal certain provisions HB 904 Childhood Lead Exposure Control Act; enact
HR 96 State Commission on Drug Addiction; create Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.

1618

JOURNAL OF THE HOUSE

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

The following Resolution of the House was read and referred to the Committee on Rules:
HR 498. By Representative Channell of the lllth:
A resolution commending the Gatewood Schools Lady Gators Basketball Team, State Champions, and inviting the team members, coaches, and managers 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 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.

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
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 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 Golkk 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 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 McCHnton
McKinney Y Millar
Mills
Y Mobley Y Morris
Y Mosley Y Mueller
O'Neal
Y Orrock Parham
Y Parrish Y Parsons

Pelote
Pinholster
Poag Ponder Porter
Powell
Purcell
Ragaa 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 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, having received the requisite constitutional majority, was adopted.

WEDNESDAY, MARCH 10, 1999

1619

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 Annotated, the "Disabled Adults and Elder Persons Protection Act," so as to provide for the protection of vulnerable adults and change the provisions relating to the short title, definitions, and penalties.

The following amendments were read and adopted:

Representatives Joyce of the 1st, Harrell of the 62nd, Byrd of the 170th, Mosley of the 171st and Walker of the 87th move to amend HB 863 by inserting between lines 24 and 25 on page 2 the following:

"No caretaker shall be convicted of a violation of Code Section 30-5-8 solely for the establishment or enforcement of posted rules or policies which are based on moral or religious grounds and which do not cause physical injury to the disabled adult, elder person, or vulnerable adult."

Representative Byrd of the 170th moves to amend HB 863 as follows:
On page 2 line 6 delete the word "or" and^add "," in its place. On line 8 after the word "adult" add a semi-colon and delete the remai'-nvd^er of line 8 and lines 9, 10, 11 & 12.

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 Channell Y Childers Y Clark
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 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 McCHnton McKinney Millar Mills Mobley
Morris Mosley Mueller O'Neal
Orrock
Parham
Parrish
Parsons

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 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 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 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

1620

JOURNAL OF THE HOUSE

On the passage of the Bill, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 Annotated, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed 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.
The following substitute, offered by Representatives Everett of the 163rd and Dixon of the 168th, was read:
A BILL
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issuance of 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; to provide for display of license plates issued in 1942 or earlier on motor vehicles manufactured in such years; to require the state revenue commissioner to have certain information relating to antique motor vehicles included in the Department of Revenue's computer information system applicable to the registration of motor vehicles; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a current license plate, revalidation decal, or county decal, and inserting in lieu thereof the following:
"40-2-8.
(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b)(l) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.

WEDNESDAY, MARCH 10, 1999

1621

(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided^ however further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration; unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration; or unless such vehicle is to be registered under the International Registration Plan.
(B)(i) The county tag agent may upon request ioauc to auch purchaacr a notice from the tag agent indicating that such vehicle haa been recently acquired and stating the deadline for registering such vehicle in this state during the applica blc initial registration period, which notice the purchaaer may place on the rear of the vehicle in the apace provided for a license plate for temporary dioplay during such initial rcgiatration period and prior to rogiotration; provided, how over, that if any 3uch notice is issued it shall not resemble a license plate iaaucd by thia atatc and shall be issued without charge or fee therefor. Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, provided that the month of expiration shall be indicated by complete word and not by any abbreviation or numeral. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. No such temporary plate shall be renewed or valid beyond the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register the vehicle.
(ii) All temporary plates issued by dealers to purchasers of vehicles on or after July 1, 2000, shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph.
(3) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.

1622

JOURNAL OF THE HOUSE

(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
SECTION 2.
Said chapter is farther amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in lieu thereof the following:
"40-2-41.
Unless otherwise permitted under this chapter, every Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
SECTION 3.
Said chapter is further amended by adding a new Code Section 40-2-41.1 to read as follows:
"40-2-41.1.
(a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1942 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1942 or earlier pursuant to former motor vehicle registration laws of this state.
(b) The owner of any antique motor vehicle manufactured in 1942 or earlier and equipped with an engine manufactured in 1942 or earlier or manufactured to the specifications of the original engine shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside of the vehicle.
(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle.

WEDNESDAY, MARCH 10, 1999

1623

(d) No later than January 1, 2001, the commissioner shall have installed within the Department of Revenue's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be display on such antique motor vehicle."

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

The following amendment was read:

Representatives Coan 82nd and Dixon 168th move to amend the Floor substitute to HB 823 by striking line 12 of page 1 and inserting in lieu thereof the following:

"of motor vehicles; to eliminate a fee charged delinquent owners of motor vehicles; to provide for related matters; to repeal".
By inserting between lines 21 and 22 on page 4 the following:

"SECTION 2.
Said chapter is further amended by striking subsection (b) of Code Section 40-2-40, relating to registration of delinquent vehicles and collection and disposition of penalties, and inserting in lieu thereof the following:

'(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section and the aum of $1.00, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant."
By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

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

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

Y Callaway Y Campbell Y Cash N Channel! Y 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
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 N Greene
Grindley Y Hammontree Y Hanner Y Harbin N Harrell Y Heard N Heckstall Y Hegstrom

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

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

1624
Parham N Parrish
Parsons Y Pelote N Pinholster Y Poag N Ponder N Porter Y Powell N Purcell Y Ragas N Randall N Ray Y Reaves Y Reece

JOURNAL OF THE HOUSE

Y Reed Reese
N Reichert Y Rice Y Richardson Y Roberts
Rogers N Royal Y Sanders Y Sauder Y Scarlet* Y Scheid Y Scott
Shanahan Y Shaw

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

Y Snow Y Squires N Stallings N Stancil N Stanley, P N Stanley-Turne Y Stephens Y Stokes N Stuckey N Taylor Y Teague N leper N 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, Spkr

On the adoption of the amendment, the ayes were 109, nays 51.

The amendment was adopted.

The following amendment was read and lost:

Representative Williams of the 83rd moves to amend the Floor substitute to HB 823 as follows:
Strike lines 29-32 page 5 insert

"vehicle. Such currently valid Georgia license plate shall be visible from outside the vehicle at all times while the vehicle is in motion."

The following amendment was read and adopted:

Representative Everett of the 163rd moves to amend the Floor substitute to HB 823 as follows:
Page 3, line 26, after the word marker - with contrasting ink,
Page 6 - after line 2 insert new Section 4 to read:

This Act shall become effective upon approval by the Governor or upon its becoming law without such approval.
Line 3, page 6 change Section 4 to read Section 5.

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
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

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
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

WEDNESDAY, MARCH 10, 1999

1625

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
Poag

Y Ponder
Y Porter Y Powell Y Purcell Y Ragas
Y 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
Shanahan

Y Shaw Y Shipp
Y Sholar Y Sims Y Sinkfleld 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-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 Y Whitaker Y Wiles Y Williams, J Y Williams, H Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 0.

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

The Speaker assumed the Chair.
HE 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 require brand names on the label of drug containers when a generic drug is substituted for that brand name drug.

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
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 Pelton

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

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
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster 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 Hice Y Richardson

1626
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
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
Whitaker Y Wiles Y Williams, J
Williams, R Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 169, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HB 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.

The report of the Committee, which was favorable to the 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 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
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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton Y McKinney
Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y (Weal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Pinholster Poag
Y Ponder
Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray Y Reaves
Y Reece Reed 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 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
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

WEDNESDAY, MARCH 10, 1999

1627

On the passage of the Bill, the ayes were 163, nays 0.

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

Representative Massey of the 86th 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 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 Annotated, 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 certain terms.

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

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

Y Alien
Y Anderson
Y Ashe
Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux
Borders Bridges Y Brooks Y Brown Y Buck 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 y Day

Dean
y DeLoach, B y DeLoach, G

Yy

Dix Dixon

Y Dodson

Y Dukes

Y Ehrhart

Y Epps

Y 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

Y Heckstall

Y Hegstrom

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 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 Y Mueller
Y CWeal 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

Y Smith, L.R
Y Smith, P
Y Smith, T
Y Smith, V
Y Smyre
Y Snelling
Y Snow
Y Squires
Y Stallings
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
West 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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.

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JOURNAL OF THE HOUSE

The following Committee substitute was read:

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; to provide that such review should be carried out before the General Assembly acts on such proposals; to state legislative findings and intent; to provide for submission of proposals to the state auditor; to provide for appointment of review committees by the state auditor; to provide for the membership, operations, powers, duties, service, and compensation of such committees; to provide for reports; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding after Chapter IB a new Chapter 1C to read as follows:

43-1C-1.

"CHAPTER 1C

The General Assembly finds and determines that legislation changing the scope of practice of health care professionals should be addressed by the General Assembly only after, and with the benefit of, an impartial review. The General Assembly recognizes that it may not abridge its powers, but intends that the procedures provided for in this chapter should be followed for the improvement of the legislative process and the benefit of the public health and welfare.
43-1C-2.

As used in this chapter, the term:

(1) 'Applicant group' means any group of health care professionals.

(2) 'Health care profession' means the practice engaged in by any of the following: chiropractors; dentists; dental hygenists; dietitians; hearing aid dealers and dispensers; nurses; nursing home administrators; occupational therapists; opticians; optometrists; physicians; physician's assistants; pharmacists; respiratory care professionals; podiatrists; psychologists; audiologists; speech language pathologists; aides, assistants, or other persons engaged in the provision of assistance to any of the foregoing; and any other profession involving the provision of health care services which is now or hereafter licensed or regulated under the laws of this state.

(3) 'Health care professional' means any person engaged in the practice of a health care profession.
43-1C-3.

(a) No legislation to change the scope of practice of a health care profession should be considered by any standing committee of the Senate or House of Representatives until and unless the review provided for in this chapter has been completed.

WEDNESDAY, MARCH 10, 1999

1629

(b) Any applicant group which proposes or seeks the adoption of legislation to change the permissible scope of practice of any health care profession should submit such proposal to the state auditor for review as provided for in this chapter no later than July 1 of the year prior to the convening of the legislative session at which such legislation will be proposed.
(c) If any legislation to change the scope of practice of a health care profession is introduced without prior submission of the proposal under subsection (b) of this Code section, the chairperson of the standing committee to which the legislation is assigned should submit the legislation to the state auditor for review as provided in this chapter.
43-1C-4.

(a) Upon submission of a proposal as provided in Code Section 42-1C-3, the state auditor shall establish a committee to review such proposal, by appointing thereto:
(1) Four impartial health care professionals who are not directly affected by the proposed change;
(2) Five public members who are not active, inactive, or retired health care professionals.
(b) The state auditor shall designate one of the public members to chair the committee and another public member to serve as vice chair of the committee.
(c) Any vacancy which occurs on the committee prior to completion of its work may, in the discretion of the state auditor, remain unfilled or be filled by the state auditor's appointment of a replacement member meeting the same qualifications as the member whose position has become vacant.
(d) Members of a committee shall receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the committee. In addition to such amount, members shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the committee.
(e) Staff services necessary or appropriate for performance of the functions of a committee shall be provided by the Department of Audits. 43-1C-5.

Any proposal submitted as provided in Code Section 43-1C-4 shall address each of the following issues:
(1) A definition of the problem and why a change in scope of practice is necessary, including the extent to which consumers need and will benefit from health care professionals with this scope of practice;
(2) The extent to which the public can be confident that, if the change in scope of practice is authorized, the health professionals engaging in the altered scope of practice will be competent, including:
(A) Evidence that the regulatory board of the affected health profession has functioned adequately in protecting the public;
(B) Evidence that effective quality assurance standards exist in the health profession to cover the proposed scope of practice; and

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JOURNAL OF THE HOUSE

(C) Evidence that state approved educational programs provide or are willing to provide core curriculum adequate to prepare health professionals for the proposed scope of practice;
(3) The extent to which the proposed scope of practice may harm the public, including the extent to which the proposed scope of practice may restrict entry into practice and the extent to which the proposed scope of practice will require health care professionals from other jurisdictions who migrate to this state to undergo reeducation or new training;
(4) The cost to this state and to the general public of implementing the proposed scope of practice; and
(5) Whether members of the affected health care profession or any other health care profession object to the proposed scope of practice, and, if so, why such objections are not valid. 43-1C-6.

(a) A committee appointed under Code Section 43-1C-4 shall, not later than December 1 of the year the proposal was submitted to the state auditor as provided in Code Section 43-1C-3:

(1) Review the proposal for which it was appointed with respect to the issues identified in Code Section 43-1C-5 and issues relevant to the public health and welfare;

(2) Hold one or more public hearings with respect to the proposal;

(3) Prepare a written report making findings of fact and a recommendation with respect to whether or not the proposed scope of practice is in the public interest; and

(4) Submit such report to the state auditor, the Governor, the President of the Senate, the Speaker of the House of Representatives, and to each member of the General Assembly."

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

The following amendment was read:

Representative Bohannon of the 139th moves to amend the Committee substitute to HB 586 as follows: Page 1 line 4: insert "licensed" before "health care professionals" Page 2 line 1: insert "licensed" before "health care professionals" Page 2 line 3: insert "licensed" before "health care profession" Page 2 line 18: insert "licensed" before "health care profession".

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 N Buckner N Bulloch Y Bunn
N Burkhalter
N Byrd

N Callaway Campbell
N Cash N Channell Y Childers
N Clark
Y Coan

N Coleman, B N Coleman, T N Connell N Cooper N Cox
N Crawford
N Cummings

N Davia, M N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart N Epps N Evans N Everett N Felton Y 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 Y Hembree

WEDNESDAY, MARCH 10, 1999

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

N McBee N McCall
N McClinton McKinney
N Millar
Y Mills N Mobley N Morris N Mosley Y Mueller N CWea!
Y Orrock Parham
N Parrish N Parsons N Pelote Y Pinholster
N Poag N Ponder N Porter N Powell N Purcell
N Ragas N Randall
Ray Y Reaves N Reece N Reed

N Reichert
Y Rice Y Richardson
Roberts N Rogers N Royal N 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 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

1631
N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner
Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert E Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spin-

On the adoption of the amendment, the ayes were 22, nays 144.
The amendment was lost.
The following amendments were read and adopted:
Representatives Smyre of the 136th, Walker of the 141st and Skipper of the 137th move to amend the Committee substitute to HB 586 as follows: By striking on page 3, lines 18 & 19 the following:
"and other expenses necessarily incurred through service on the Committee." and inserting the word "expenses" and adding a (.) period after the words "travel expenses".
Representative Childers of the 13th moves to amend the Committee substitute to HB 586 as follows: By adding after the "period" on line 4 page 3 a new paragraph (3) to read
Two members shall be appointed by the chair of the committee where the legislation has been assigned.
The following amendment was read:
Representative Bohannon of the 139th moves to amend the Committee substitute to HB 586 by striking "health care" and inserting "licensed" on lines 4 and 22 of page 1; lines 1, 21, 27, and 33 of page 2; lines 1, 4, and 28 of page 3; and lines 9, 14, and 15 of page 4. By striking lines 3 through 18 of page 2 and inserting in their place the following:
"(2) 'Licensed profession' means any business or profession regulated by a state examining board, as defined in Code Section 43-1-1.

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JOURNAL OF THE HOUSE

(3) 'Licensed professional' means any person engaged in a licensed profession."

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 Y Borders Y Bridges N Brooks N Brown N Buck N Buckner N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway N Campbell
Y Cash N Channell Y Childers N Clark Y Coan N Coleman, B N Coleman, T N Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T Y Day Y Dean N DeLoach, B Y DeLoach, G N Dix N Dixon
Dodson
N Dukes N Ehrhart N 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 Y Hembree Y Henson N Holland Y Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings Y Jones Y Joyce N Kaye N Lane N Lewis
Lord
Lucas N Maddox N Mann N Manning N Martin, J N Martin, J.L
Y Massey
N McBee N McCall N McClinton Y McKinney N Millar Y Mills N Mobley N Morris N Mosley Y Mueller N O-Neal N Orrock
Parham
N Parrish Y 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
Reese N Reichert Y Rice Y Richardson
N Roberts N Rogers N Royal N 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 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 Stailings N Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey N Taylor N Teague N Teper N Tillman N Tolbert E Trense N Turnquest N Twiggs N Unterman 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 32, nays 140.
The amendment was lost.
The following amendment was read and adopted:
Representative Houston of the 166th and Ehrhart of the 36th move to amend the Committee substitute to HB 586 (LC 21 5440S) by replacing the period on line 4 of page 3 with the symbol and word "; and" and by adding between lines 4 and 5 of page 3 the following:
"(3) Two members who are active practitioners of the professions affected by the proposed legislation."
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:

WEDNESDAY, MARCH 10, 1999

1633

N Alien N Anderson Y Ashe Y Bailey N Bannister
N Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux N Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch N Bunn N Burkhalter N Byrd N Callaway Y Campbell N Cash N Channel!
N Childers Y Clark N Coan Y Coleman, B N Coleman, T Y Cornell Y Cooper N Cox N Crawford Y Cummings N 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
Everett Y Felton Y Floyd N Franklin N Golick N Graves Y Greene N Grindley Y Hammontree N Hanner N Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom N Hembree N Henson N Holland N Holmes Y Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N

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

N Pelote Y Pinholster Y Poag Y Ponder N Porter Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves N Reece N Reed
Reese Y Reichert Y Rice N Richardson Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scarlett Y Scheid Y 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

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

On the passage of the Bill, by substitute, as amended, the ayes were 90, nays 84.

The Chair voted "aye".

The ayes were 91, nays 84.

The Bill having received the requisite constitutional majority, was passed by substitute, as amended.
Representative Jones of the 71st moved that the House reconsider its action in giving the requisite constitutional majority to HB 586.

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

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

N Buck N Buckner N Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway N Campbell Y Cash Y Channel! Y Childers N Clark Y Coan N Coleman, B Y Coleman, T

N Connell N Cooper Y Cox
Crawford Cummings Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes

N Ehrhart N Epps
Evans N Everett N Felton N Floyd Y Franklin Y Golick Y Graves N Greene Y Grindley N Hammontree Y Hanner Y Harbin N Harrell

Y Heard N Heckstall
N Hegstrom
Y Hembree Y Henson Y Holland Y Holmes N Houston N Howard Y Hudgens N Hudson, H N Hudson, N Y Hugley N Irvin
Y Jackson, B

1634
Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye Y Lane Y Lewis N Lord
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey N McBee N McCall N McClinton

JOURNAL OF THE HOUSE

Y McKinney N Mfflar Y Mills N Mobley N Morris Y Mosley Y Mueller Y OTCeal N Orrock
Parham Y Parrish Y Parsons Y Pelote N Pinholster N Poag N Ponder Y Porter N Powell N Purcell N Ragas
Randall

N Ray N Reaves Y Reece N Reed Y Reese N Reichert N Rice Y Richardson N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett N Scheid N Scott N Shanahan N Shaw Y 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 Y Smith, T Y Smith, V N Smyre Y Snelling Y Snow Y Squires N Stailings N Stancil N Stanley, P N Stanley-Turner Y Stephens N Stokes N Stuckey

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

On the motion, the ayes were 86, nays 88.

The motion was lost. HR 379. By Representative Smith of the 91st:
A resolution designating the William P. Ponder Memorial Bridge.

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

Y Alien Y Anderson
Y Ashe Bailey
Y Bannister Y Barnard Y Barnes
Benefield
Y Birdsong Y Bohannon
Bordeaux
Y Borders Y Bridges Y Brooks Y Brown
Y Buck Y Buckner Y Bulloch
Y Bunn N 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
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 Banner N Harbin
Y Harrell Y Beard Y Beckstall Y Begstrom
Y Bembree Y Benson Y Bolland

Y Bolmes Y Houston
Y Howard Y Hudgens Y Budson, B Y Hudson, N Y Hugley Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson N 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

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 Y Ragas
Randall
Y Ray Reaves
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid

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

Y Turnquest Y Twiggs Y Unterman

WEDNESDAY, MARCH 10, 1999

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

West Westmoreland Whitaker

Y Wiles Y Williams, J Y Williams, R

1635
Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 160, nays 8.

The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Shaw of the 176th and Rogers of the 159th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
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".

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
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
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 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

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
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 E 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 adoption of the Resolution, the ayes were 169, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE

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.
The following Committee substitute was read:

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 provide for issuance of a warrant based upon information from persons other than peace officers or law enforcement officers after attempted notice and hearing; to provide for exceptions; to provide for procedures and rules regarding evidence and cross-examination at the warrant application hearing; to provide that a warrant shall not be quashed and evidence shall not be suppressed in certain circumstances; 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 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by striking in its entirety Code Section 17-4-40, relating to persons who may issue warrants for the arrest of offenders against penal laws and for the arrest of peace officers, and inserting in its place the following:
"17-4-40.
(a) Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue feia a warrant for the arrest of any offender against the penal laws, based on probable cause either on feis the judge's or officer's own knowledge or on the information of others given to him the judge or officer under oath. Any retired judge or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.
(b)(l) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer or except as provided in paragraph (6) of this subsection.
(2) Except as otherwise provided in paragraph (6) of this subsection, a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing.
(3) If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present.

WEDNESDAY, MARCH 10, 1999

1637

(4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and cross-examination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. ble cause does_____________ the right to limit the presentation nesses to the issue of probable cause.
(5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue instanter.
(6) Nothing in this subsection shall be construed as prohibiting a judge or other officer from immediately issuing a warrant for the arrest of a person upon application ofa person other than a peace officer or law enforcement officer if the judge or other officer determines from the application or other information available to the judge or other officer that:
(A) An immediate or continuing threat exists to the safety or well-being of the affiant or a third party;
(B) The person whose arrest is sought will attempt to evade arrest or otherwise obstruct justice if notice is given;
(C) The person whose arrest is sought is incarcerated or otherwise in the custody of a local, state, or federal law enforcement agency;
(D) The person whose arrest is sought is a fugitive from justice; or
(E) The offense for which application for a warrant is made is deposit account fraud under Code Section 16-9-20, and the person whose arrest is sought has previously been served with a citation as provided by Article 10 of Chapter 10 of Title 15.
In the event that the judge or officer finds such circumstances justifying dispensing with the requirement of a warrant application hearing, the judge or officer shall note such circumstances on the face of the warrant application.
(7) No warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection not affecting the substantial rights of the accused under the Constitution of this state or of the United States.
(c) Any warrant for the arrest of a peace officer or law enforcement officer for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."
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 following amendment was read and lost:

1638

JOURNAL OF THE HOUSE

Representative Rice of the 79th moves to amend the Committee substitute to HB 259 as follows:
Page 2 remove lines 20-33.

The following amendment was read:

Representative Callaway of the 81st moves to amend the Committee substitute to HB 259 as follows:
Insert on pg 2 line 15 after the word "sought"

"has previously requested 2 continuances 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 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 N Campbell N Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T
Connell N Cooper Y 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
Ehrhart N Epps Y Evans Y Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene
Grindley N 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 Y Irvin
Y Jackson, B Jackson, L
N James Jamieson
N Jenkins Y Jennings N Jones Y Joyce N Kaye N Lane Y 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 Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTSIeal N Orrock
Parham
N Parrish N Parsons

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 Y 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
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
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 E Trense N Turnquest
Twiggs Y 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 37, nays 130.
The amendment was lost.
The following amendment was read and adopted:
Representatives Randall of the 124th and Martin of the 47th move to amend the Committee substitute to HB 259 by striking lines 17 and 18 of page 3 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 10, 1999

1639

"previously been served with the ten-day notice as provided in paragraph (2) of subsection (a) of Code Section 16-9-20."

The following amendment was read:

Representative Richardson of the 26th moves to amend the Committee substitute to HB 259 as follows:
On page 2 line 2, change the word "shall" to "may".

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 Y Bohannon Y Bordeaux N Borders Y Bridges N Brooks
Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash Y Channel! N Childers Y Clark Y Coan Y Coleman, B N Coleman, T Y Connell Y Cooper Y Cox Y Crawford N Cummings N 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
Y Felton N Floyd Y Franklin
N Golick Y Graves
N Greene
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 Y Hudson, H N Hudson, N

Hugley
Y Irvin Y Jackson, B N Jackson, L
N James Jamieson
N Jenkins N Jennings N Jones
Y Joyce N Kaye N Lane Y Lewis N Lord
Lucas N Maddox
Y Mann
N Manning N Martin, J
Y 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
Parham N Parrish N Parsons

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

Y Smith, L.R N Smith, P N Smith, T Y Smith, V N Smyre N Snelling
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 N Tolbert E Trense N Turnquest Y Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson Y West Y Westmoreland N Whitaker N Wiles Y Williams, J N Williams, K N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 71, nays 97.

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

Y Alien Y Anderson N Ashe

Y Bailey N Bannister N Barnard

Y Bames Y Benefield Y Birdsong

N Bohannon
N Bordeaux Y Borders

N Bridges Y Brooks N Brown

1640
Y Buck Y Buckner Y Bulloch N Bunn Y Burkhalter N Byrd N Callaway Y Campbell Y Cash Y Channell N Childers N Clark Y Coan N Coleman, B Y Coleman, T N Connell Y Cooper N Cox N Crawford Y Cummings Y Davis, M Y Davis, T N Day Y Dean N DeLoach, B Y DeLoach, G N Dix N Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans

JOURNAL OF THE HOUSE

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

N Joyce Y Kaye Y Lane Y Lewis N Lord Y Lucas Y Maddox Y Mann N 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 CWeal Y Orrock
Parham Y Parrish Y Parsons
Pelote
N Pinholster N Poag Y Ponder Y Porter Y Powell

Purcell
Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Y Rogers Y Royal Sanders Sauder Scarlett
Scheid Scott Shanahan Shaw
Shipp Sholar Sims Sinkfield Y Skipper Y Smith, B Y Smith, C N Smith, C.W N Smith, L N Smith, L.R Y Smith, P N 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, as amended, the ayes were 117, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 Annotated, relating to general provisions regarding political subdivisions, so as to require political subdivisions and public authorities to have conducted environmental testing on certain property to be donated to or acquired by such entities and prohibit acceptance or acquisition thereof unless any dangers discovered have been eliminated.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding political subdivisions, so as to require political subdivisions and public authorities to have conducted environmental testing on certain property to be donated to or acquired by such entities and prohibit acceptance or acquisition thereof unless any significant dangers discovered have been eliminated; to provide for retesting; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 10, 1999

1641

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding political subdivisions, is amended by adding at the end a new Code section to read as follows:
"36-80-18.

(a) A county, municipality, local board of education, or public authority created by local or general law may not accept a gift of or otherwise acquire real property which is intended to be used for a park or recreational area unless, prior to such acceptance or acquisition, such political subdivision or authority retains an environmental health engineer for a phase 1 environmental assessment to examine the property for contaminants, hidden methane gas, and similar hazards which would be dangerous to public use of such property and receives a report regarding any discovered dangers. If such report discloses significant dangers, the property shall not be accepted or acquired unless the danger is eliminated; otherwise, such property may be accepted or acquired.

(b) At least every 20 years after property has been accepted or acquired pursuant to subsection (a) of this Code section, the political subdivision or authority shall retain an environmental health engineer to retest the property for hazards."

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 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 N Cash Y Channel! Y Childers
Y Clark N Coan
Y Coleman, B Y Coleman, T Y Connell
Cooper

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

Y McKinney N 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
Y Ponder
Y Porter
Y Powell Y Purcell Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed
Reese Y Reichert N Rice Y Richardson Y Roberts
Rogers Y Royal

Sanders Sauder Y Scarlett Y Scheid Y Scott Y Shanahan N Shaw N 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 N Smith, T Y Smith, V Y Smyre Y Snelling
Snow
Y Squires N Stallings Y Stancil
Y Stanley, P Y Stanley-Turner
N Stephens Y Stokes Y Stuckey Y TVlylor

1642
Y Teague Y Teper Y Tillman N Tolbert

JOURNAL OF THE HOUSE

E 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
N Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 148, nays 21.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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".
The following Committee substitute was read and adopted:
A RESOLUTION
Designating a portion of State Highway 61 as the "Captain Robbie Bishop Memorial Highway"; and for other purposes.
WHEREAS, Robbie Bishop, a captain with the City of Villa Rica Police Department, was killed in the line of duty on January 20, 1999; and
WHEREAS, Captain Bishop began his law enforcement career with the Murray County Sheriffs Office in Chatsworth, Georgia, where he served with great dedication from 1985-1989; and
WHEREAS, a true warrior in the fight against drugs, Captain Bishop was the most successful drug interdiction official in Georgia, holding every record in the state for drug seizures on highways; and
WHEREAS, he was so adept at interdicting drug shipments that he made training videos and taught at other agencies across the country; and
WHEREAS, Captain Bishop consistently demonstrated the highest professional standards in conducting his official duties and served as a model of professional integrity to his fellow law enforcement personnel; and
WHEREAS, he was a loving and devoted husband to his wife, Lisa, and a wonderful, loving father to his daughter Lauren Ashley, age four, and his son Cody Scott, age nine, and he will be sorely missed by his family and friends.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body honors the memory of Captain Robbie Bishop and expresses its grateful appreciation for his courageous and selfless service to his community and state and deepest sympathy to his family upon the passing of this distinguished Georgian.
BE IT FURTHER RESOLVED that the portion of State Highway 61 running from the city limits of the City of Villa Rica to the city limits of the City of Dallas is designated as the "Captain Robbie Bishop Memorial Highway," and the Department of Transportation is authorized and directed to erect and maintain signs so designating the highway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copies of this resolution to Mrs. Lisa Bishop and the Department of Transportation.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

WEDNESDAY, MARCH 10, 1999

1643

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
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 Y Cash Y Channell Y Childers Y Clark Y Coan
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 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
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 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
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
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 E Trense Y Turnquest Y Twiggs Y Unterman Y 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, by substitute, the ayes were 164, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute. 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.
The following Committee substitute was read and adopted:
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 periods of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care; to provide for notice to policyholders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1644

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end a new article to read as follows:

33-24-70.

"ARTICLE 3

This article shall be known and may be cited as the 'Breast Cancer Patient Care Act.' 33-24-71.

The General Assembly finds and declares that:

(1) Whereas, until recently health care insurers covered costs of hospital stays of a patient who had undergone a mastectomy or lymph node dissection until that patient was discharged by a physician. Now some insurers are making mastectomies and lymph node dissections an outpatient procedure and refusing to pay for any hospital inpatient care following the procedure;

(2) There is sufficient scientific data to question the safety and appropriateness of such treatment of breast cancer patients; and

(3) The length of postmastectomy or postlymph node dissection inpatient stay should be a. clinical decision made by a physician in agreement with the patient based on the unique characteristics of the patient and the surgery involved.
33-24-72.

(a) As used in this Code section, the term:

(1) 'Attending physician' means any surgeon or other physician attending the breast cancer patient.

(2) 'Health benefit policy" means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity; except that such term does not include any policy of limited benefit insurance as defined in paragraph (4) of subsection (e) of Code Section 33-30-12.

(3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program.

(4) 'Lymph node dissection' means the removal or a part of the lymph node system under the arm using general anesthesia as part of a diagnostic process that is used to evaluate the spread of cancer and to determine the need for further treatment.

(5) 'Mastectomy" means surgical removal of one or both breasts.

WEDNESDAY, MARCH 10, 1999

1645

(b) Every health benefit policy that provides surgical benefits for mastectomies that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1999, shall provide coverage in a licensed health care facility for inpatient care following a mastectomy or lymph node dissection until the completion of the appropriate period of stay for such inpatient care as determined by the attending physician in agreement with the patient. Coverage shall be provided also for such number of follow-up visits as determined to be appropriate by the attending physician after agreement with the patient. Such follow-up visits shall be conducted by a physician. In agreement with the patient, the attending physician shall determine whether any follow-up visit or visits will be conducted at home or at the office.

(c) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section. The notice shall be in writing and prominently positioned in any of the following literature:

(1) The next mailing to the policyholder;

(2) The yearly informational packets sent to the policyholder; or

(3) Other literature mailed before January 1, 2000.

(d) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall include the attending physician and hospital."

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.

Representative Bohannon of the 139th moved that the House reconsider its action in adopting the Committee substitute to HB 604.

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 Barnes N Benefield
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

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

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

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

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 OTfeal N Orrock

1646
Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Ponder N Porter N Powell N Purcell N Ragas N Randall Y Ray
Reaves N Reece

JOURNAL OF THE HOUSE

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

Snow
N Squires
Y 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
E Trense

N Turnquest
Y Twiggs Y Untennan Y 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 Murphy, Spkr

On the motion, the ayes were 81, nays 86.

The motion was lost.

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
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 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
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
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 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
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
E Trense Y 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 N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 4. The Bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, MARCH 10, 1999

1647

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 report of the Committee, which was favorable to the 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
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
Epps Y Evans Y Everett
Felton Floyd Y Franklin Y Golick Y Graves Y Greene 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
Joyce
Y Kaye Y Lane Y Lewis Y Lord
Lucas Y Maddox E 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
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 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 E 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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.
The following amendment was read and adopted:

1648

JOURNAL OF THE HOUSE

Representatives Skipper of the 137th and Howard of the 118th move to amend HB 467 by inserting on line 18 on page 1 immediately after the words "handling fees" the following:
"payable to the sponsor or seller ".

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
Brown
Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrt 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
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
Jones Joyce Y Kaye Y Lane Y Lewis Y Lord Lucas Y Maddox E 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 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
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 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 E Trense
Turnquest Y Twiggs Y Unterman Y 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 passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 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".
The following Committee substitute was read:

WEDNESDAY, MARCH 10, 1999

1649

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"; to prohibit the sale of certain combustible or explosive compositions to persons under the age of 16 and to provide for a monetary penalty for sales made in violation of such prohibition; 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 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking in its entirety Code Section 25-10-1, relating to the definition of the term "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to read as follows:
"25-10-1.
As used in this chapter, the term 'fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. The term 'fireworks' shall not include model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes, snake and glow worms, trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture, toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap nor toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 25-10-2, relating to prohibited acts with respect to fireworks, and inserting in lieu thereof a new Code Section 25-10-2, to read as follows:
"25-10-2.
(a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter.
(b) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under the age of 16 any wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for

1650

JOURNAL OF THE HOUSE

multiple tubes, snake and glow worms, or trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains or less of explosive mixture."
SECTION 3. Said chapter is further amended by adding at the end thereof a new Code Section 25-109 to read as follows:
"25-10-9.

Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-10-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-10-2 shall be a separate
offense."

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:

Representative Sims of the 167th moves to amend the Committee substitute to HB 335 as follows:
Strike lines 32-34 page 1 strike line 1 and 2 page 2 up to the comma and the word snake
Strike lines 27-31 (on page 2) from the words "any wire to tubes,".

The following amendment was read:

Representative Day of the 153rd moves to amend the Committee substitute to HB 335 as follows: Page 2, line 5 after the words "explosive mixture" Add ", matches". Page 2, line 34 after the words "pop drops" Add ", matches,".

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

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

N Buck Buckner Bulloch
Y Bunn N Burkhalter N Byrd N Callaway N Campbell N Cash Y Channell Y Childers N Clark Y Coan N Coleman, B
Coleman, T

N Connell N Cooper N Cox N Crawford Y Cummings
N Davis, M N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G N Dix N Dixon N Dodson
N Dukes

N Ehrhart N Epps N Evans N Everett
Felton N Floyd N Franklin N Golick Y Graves N Greene
Grindley N Hammontree N Hanner N Harbin
Harrell

N Heard N Heckstall
N Hegstrom N Hembree N Henson Y Holland N Holmes Y Houston
N Howard N Hudgens N Hudson, H N Hudson, N N Hugley Y Irvin N Jackson, B

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

WEDNESDAY, MARCH 10, 1999

1651

McKinney N Millar N Mills N Mobley Y Morris N Mosley N Mueller Y O'Neal Y Orrock
Parham N Parrish N Parsons Y Pelote N Pinholster Y Poag N Ponder N Porter N Powell N Purcell Y Ragas N Randall

Y Kay
N Reaves N Reece Y Reed
Y Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal
Sanders
N Sauder Y Scarlett N Scheid N Scott
Shanahan N Shaw N Shipp N Sholar N Sims

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

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

On the adoption of the amendment, the ayes were 44, nays 117.

The amendment was lost.

The following amendment was read and adopted:

Representative Franklin of the 39th moves to amend the Committee substitute to HB 335 as follows:
Insert on page 2 line 11 after the word "purposes"

"or for defense".

Representative Powell of the 23rd moved that the House reconsider its action in adopting the Sims amendment.

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

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

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

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

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

N Pelote Y Pinholster N Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas N Randall N Ray Y Reaves N Reece Y Reed Y Reese N Reichert Y Rice Y Richardson N Roberts Y Rogers Y Royal
Sanders Y Sauder N Scarlett Y Scheid N Scott N Shanahan Y Shaw

1652
N Shipp Y Sholar N Sims Y Sinkfield N Skipper Y Smith, B N Smith, C N Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

N Smith, L.R N Smith, P Y Smith, T N Smith, V Y Smyre Y Snelling N Snow
Y Squires N Stallings

Y Stancil Stanley, P
N Stanley-Turner
Y Stephens Y Stokes Y Stuckey N Taylor Y Teague N Teper

N Tillman Y Tolbert E Trense N Turnquest N Twiggs N Unterman N Walker, L Y Walker, R.L Y Watson

N West Y Westmoreland
N Whitaker
N Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 94, nays 76.

The motion prevailed.

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

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

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

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

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

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

On the adoption of the amendment, the ayes were 78, nays 88.
The amendment was lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended. On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 10, 1999

1653

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

N Davis, T N Day N Dean N DeLoach, B Y DeLoach, G
N Dix Y Dixon N Dodson N Dukes N Ehrhart
Epps
N Evans N Everett N Felton Y Floyd Y Franklin N Golick Y Graves
N Greene 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 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 Y Lane Y Lewis Y Lord Y Lucas N Maddox E Mann N Manning N Martin, J Y Martin, J.L
N Massey N McBee Y McCall N McClinton N McKinney N Millar N Mills N Mobley Y Morris N Mosley Y Mueller N OTSTeal N Orrock
Parham N Parrish N Parsons

Pelote Pinholster
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 N Skipper N Smith, B N Smith, C N Smith, C.W N Smith, L

N Smith, L.R N Smith, P
Y Smith, T N Smith, V N Smyre N Snelling
N Snow N Squires N Stallings
Y Stand! N Stanley, P N Stanley-Turner
Y Stephens Stokes Stuckey Taylor Teague Teper Tillman Tolbert
E Trense N Turnquest
N 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, as amended, the ayes were 45, nays 126.
The Bill, having failed to receive the requisite constitutional majority, was lost.
Representative Graves of the 125th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. 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.
The following Committee substitute was read and adopted:
A BILL
To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the manner and method of ad valorem taxation of mobile homes held by dealers for sale at wholesale or retail; to change a definition; to provide for taxation of such mobile homes like other taxable tangible personal property; to change certain provisions regarding issuance of location permits and decal display; to change certain provisions regarding ad valorem tax returns; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

1654

JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking paragraph (3) of Code Section 48-5-440, relating to definitions, and inserting in its place a new paragraph (3) to read as follows:
"(3) 'Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. This article shall not apply to dealers engaged in the business of selling mobile homes at wholesale or retail and every mobile home owned in this state on January 1 by a dealer shall be subject to ad valorem taxation in the same manner as other taxable tangible personal property."
SECTION 2.
Said article is further amended by striking Code Section 48-5-491, relating to taxation of mobile homes held by dealers, which reads as follows:
"48-5-491.

(a) For the purpose of this Code section, the term 'dealer' means any person engaged in the business of selling mobile homes at wholesale or retail.
(b) Mobile homes owned by a dealer are not included within the distinct classification of tangible property made by this article for all other mobile homes. The procedures prescribed in this article for returning other mobile homes for ad valorem taxation, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on mobile homes do not apply to mobile homes owned by a dealer. Mobile homes owned by a dealer shall be returned for ad valorem taxation, shall be taxed, and the taxes on such mobile homes shall be collected in the manner provided in this Code section.
(c) All wholesale and retail dealers of mobile homes shall return their inventory on the first work day of each calendar year. The inventory shall be substantiated by properly executed department forms prepared for that purpose on each mobile home in inventory and the forms shall show the identification numbers of each mobile home. The assessed value of mobile homes owned by a dealer shall be 75 percent of the assessed value prescribed by the department for other mobile homes.
(d) The tax authorities of each county shall determine the tax due on each dealer mobile home at the same tax rate imposed on other mobile homes, which taxes shall be paid on or before May 1 of the calendar year. Each mobile home return form shall then be marked 'returned for tax purposes' so that each mobile home may then be sold as if all ad valorem taxes had been paid for the current year pursuant to this article.
(e) Each new mobile home in transit and not actually in a dealer's inventory on January 1 of each year shall not be subject to taxation for that year. Dealers shall submit proof that each such mobile home was actually received after January 1 of that year.",
and inserting in its place a new Code Section 48-5-491 to read as follows:
"48-5-491.

Reserved."

WEDNESDAY, MARCH 10, 1999

1655

SECTION 3.
Said article is further amended by striking subsection (b) of Code Section 48-5-492, relating to issuance of mobile home location permits, and inserting in its place a new subsection (b) to read as follows:
"(b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner."
SECTION 4.
Said article is further amended by striking Code Section 48-5-494, relating to return of mobile homes for ad valorem taxation, and inserting in its place a new Code Section 485-494 to read as follows:
"48-5-494.

Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May 1, whichever occurs first. If the owner returns few such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, fee such owner shall apply for the permit at the time fee such owner returns the mobile home for taxation. Except aa provided for mobile homco owned by a dealer, no mobile home location permit shall be iasucd by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid."

SECTION 5.
This Act shall become effective on January 1, 2000, and shall be applicable to all taxable years beginning on or after that date.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Y 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 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 Y Evans Y Everett Y Felton Y Floyd N Franklin

Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Banner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson

1656
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

JOURNAL OF THE HOUSE

Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller OTSTeal Orrock Parham Parrish Parsons Pelote 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 Y Roberts Y Rogers
Y Royal 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 Y Teague Y Teper Y Tillman Y Tolbert E 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 160, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 Annotated, 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 fulltime Georgia residency.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-12-80 of the Official Code of Georgia Annotated, 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; to provide for staggered terms of office; 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 50-12-80 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Commission on Women, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The members of the commission shall be women and men of recognized ability and achievement. All vacancies shall be filled for the unexpired term by the original appointing official. Except as otherwise provided in subsection (c) of this Code section,

WEDNESDAY, MARCH 10, 1999

1657

members Mcmbcra shall serve for terms of four years and no member may acrvc for more than two conoccutivc terms and shall be eligible for successive appointments by an appointing official. Any member with four consecutive unexcused absences from regular monthly meetings may be removed from the commission by the appointing official. Each person appointed to the commission shall be a full-time resident of Georgia. Any member who ceases to be a full-time resident of this state during the term of his or her membership shall be removed from the commission and such vacancy shall be filled by the Governor."

SECTION 2.
Said Code section is further amended by adding at the end thereof a new subsection (c) to read as follows:
"(c) To effect staggered terms of office for members of the commission and effective with members appointed for terms beginning in 2000, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall each appoint: two members for two-year terms of office; two members for three-year terms of office; and one member for a one-year term of office. Thereafter, all members shall be appointed to serve four-year terms of office."

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
Y Anderson
Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes
Y Benefield
Y Birdsong N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
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
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
Grindley Hammontree
Hanner Harbin Harrell
Heard Heckstall Hegstrom Hembree
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 Y Jenkins Y Jennings Y Jones Y Joyce Y Kaye
Y Lane Y Lewis Y Lord Y Lucas Y Maddox E Mann Y Manning Y Martin, J Y Martin, J.L
Y 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
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
E Trense

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Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

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

Y West
Y Westmoreland Y Whitaker

Y Wiles
Y Williams, J Y Williams, E

Y Wix
Y Yates Murphy, Spin-

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. 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 Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act".
The following Committee substitute was read and withdrawn:

A BILL

To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act"; to provide for definitions; to provide for investigations by the Division of Public Health to identify lead poisoning hazards; to provide for notification; to provide for abatement; to provide for the effect of compliance with the maintenance standard; to provide for a certificate of evidence of compliance with the maintenance standard; to prohibit discrimination in financing; to provide for resident responsibilities; to authorize the Division of Public Health to promulgate necessary regulations; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by designating the current provisions of said chapter as Article 1 and inserting a new Article 2 to read as follows:

31-41-10.

"ARTICLE 2

This article shall be known and may be cited as the 'Childhood Lead Exposure Control Act.'
31-41-11.

(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health and Injury Prevention, Epidemiology and Prevention, and Laboratory Branches of the Division of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system.

(b) The General Assembly further finds that the Georgia Public Health Laboratory is licensed and certified to analyze blood specimens for lead. Laboratory services are provided for children screened in public health clinics and for children without health in-

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surance screened by private health care providers. For each reported case of lead poisoning, an environmental investigation is conducted to identify the source of lead. Environmental health specialists assess the primary residence and other locations frequented by the lead-poisoned child. Information is collected from parents and caregivers; on-site surface testing and environmental sample collection and analysis are done as needed. When the lead source is identified, recommendations are made for the mitigation or abatement of the lead hazard. Identified lead poisoning cases are tracked collaboratively by public health nurses and environmental health specialists to assure that appropriate treatment is received and that the child does not reenter the environment where the exposure occurred.
31-41-12.
As used in this article, the term:
(1) 'Confirmed lead poisoning' means a blood lead concentration of 20 micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(2) 'Day-care facility" means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility.
(3) 'Division' means the Division of Public Health.
(4) 'Dwelling,' 'dwelling unit,' or 'residential housing unit' means a structure, all or part of which is designed or used for human habitation, including the common areas, the grounds, any outbuildings, or other structures appurtenant to the dwelling, dwelling unit, or residential housing unit.
(5) 'Elevated blood lead level' means a blood lead concentration of ten micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(6) 'Lead poisoning hazard' means the presence of readily accessible or mouthable lead bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by chemical analysis; 15 parts per billion or greater in drinking water; 100 micrograms per square foot or greater for dust on floors; 500 micrograms per square foot or greater for dust on window sills; or soil lead concentrations in an amount greater than or equal to 2,000 parts per million that is determined by the division to present a hazard in light of the condition and use of the land and other relevant factors.
(7) 'Lead safe housing1 is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b)(15) or housing that has been found to meet the requirements of the maintenance standard.
(8) 'Maintenance standard' means the following:
(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;
(B) Cleaning the interior of the unit at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard;

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(C) Adjusting doors and windows to minimize friction or impact on surfaces;
(D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first;
(E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and
(F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto.
(9) 'Managing agent' means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.
(10) 'Mouthable lead-bearing substance' means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards.
(11) 'Persistent elevated blood lead level' means a blood lead concentration of 15 to 19 micrograms per deciliter as determined by the lowest of three consecutive blood tests. The first two blood tests shall be performed within a six-month period, and the third blood test shall be performed at least 12 weeks and not more than six months after the second blood test.
(12) 'Readily accessible lead-bearing substance' means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include soil, water, and paint that is chalking.
(13) 'Regularly visits' means presence at a dwelling, dwelling unit, school, or daycare facility for at least two days a week for more than three hours per day.
(14) 'Supplemental address' means a dwelling, dwelling unit, school, or day-care facility where a child with a persistent elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of a persistent elevated blood lead level or a confirmed lead poisoning.
31-41-13.
Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner or managing agent of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The written notice to the owner or managing agent shall include a list of possible methods of abatement of the lead poisoning hazard.
31-41-14.
(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require abatement of the lead poisoning hazards.

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1661

The division shall also require the abatement of the lead poisoning hazards identified at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.
(b) When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the division within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section.
(c) If the abatement plan submitted fails to meet the requirements of this Code section, the division shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the division.
(d) If the owner or managing agent does not submit an abatement plan within 14 days, the division shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order.
(e) The owner or managing agent shall notify the division and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities.
(f) Abatement shall be completed within 60 days of the division's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the division shall issue an order requiring completion of abatement activities. An owner or managing agent may apply to the division for an extension of the deadline for abatement. The division may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.
(g) All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules.
(h) The division shall verify by visual inspection that the approved abatement plan has been completed. The division may also verify plan completion by residual lead dust monitoring and soil or drinking water lead level measurement. Compliance with the maintenance standard shall be deemed equivalent to meeting the abatement plan requirements as long as exterior surfaces are also addressed.
(i) Removal of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used for a dwelling, school, or day-care facility.
31-41-15.
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: (1) for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section 31-41-12 provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section 31-41-16 annually during such occupancy; or (2) if the owner is able to show that the unit was lead safe housing containing no lead-based paint hazards during the period when the injuries were sustained.

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31-41-16.
An owner of a unit who has complied with the maintenance standard may apply annually to the division for and upon presentation of acceptable proof of compliance shall be provided by the division a certificate evidencing such compliance. The owner shall be entitled to the liability relief provided for in Code Section 31-41-15 upon obtaining such certificate or certificates. 31-41-17.
(a) No bank or financial institution in the business of lending money for the purchase, sale, construction, rehabilitation, improvement, or refinancing of real property or the lending of money secured by an interest in real property may refuse to make such loans merely because of the presence of lead-based paint on the residential real property or in the residential housing unit provided that the owner is in compliance with the maintenance standard and has obtained a certificate of compliance under Code Section 31-41-16.
(b) Nothing in this Code section shall:
(1) Require a financial institution to extend a loan or otherwise provide financial assistance if it is clearly evident that health related issues, other than those related to lead-based paint, make occupancy of the housing accommodation an imminent threat to the health or safety of the occupant; or
(2) Be construed to preclude a financial institution from considering the fair market value of the property which will secure the proposed loan.
(c) Failure to meet the maintenance standard shall not be deemed a default under existing mortgages. 31-41-18.
In any residential housing unit occupied by a child less than six years old who has an elevated blood lead level of ten micrograms per deciliter or greater, the division shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:
(1) Wiping clean all window sills with a damp cloth or sponge at least weekly;
(2) Regularly washing all surfaces accessible to the child;
(3) In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and
(4) Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit including vinyl miniblinds, playground equipment, drinking water, soil, and painted surfaces and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors.
31-41-19.
The Division of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article."

WEDNESDAY, MARCH 10, 1999

1663

SECTION 2. The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Division of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Smyre of the 136th et al., was read and adopted:

A BILL

To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act"; to provide for definitions; to provide for investigations by the Division of Public Health to identify lead poisoning hazards; to provide for notification; to provide for abatement; to provide for the effect of compliance with the maintenance standard; to provide for a certificate of evidence of compliance with the maintenance standard; to provide for resident responsibilities; to authorize the Division of Public Health to promulgate necessary regulations; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by designating the current provisions of said chapter as Article 1 and inserting a new Article 2 to read as follows:

31-41-10.

"ARTICLE 2

This article shall be known and may be cited as the 'Childhood Lead Exposure Control Act.'
31-41-11.

(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health and Injury Prevention, Epidemiology and Prevention, and Laboratory Branches of the Division of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system.

(b) The General Assembly further finds that the Georgia Public Health Laboratory is licensed and certified to analyze blood specimens for lead. Laboratory services are provided for children screened in public health clinics and for children without health insurance screened by private health care providers. For each reported case of lead poisoning, an environmental investigation is conducted to identify the source of lead. Environmental health specialists assess the primary residence and other locations frequented by the lead-poisoned child. Information is collected from parents and

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caregivers; on-site surface testing and environmental sample collection and analysis are done as needed. When the lead source is identified, recommendations are made for the mitigation or abatement of the lead hazard. Identified lead poisoning cases are tracked collaboratively by public health nurses and environmental health specialists to assure that appropriate treatment is received and that the child does not reenter the environment where the exposure occurred.
31-41-12.
As used in this article, the term:
(1) 'Confirmed lead poisoning" means a blood lead concentration of 20 micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(2) 'Day-care facility' means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility.
(3) 'Division' means the Division of Public Health.
(4) 'Dwelling,' 'dwelling unit,' or 'residential housing unit' means a structure, all or part of which is designed or used for human habitation, including the common areas, the grounds, any outbuildings, or other structures appurtenant to the dwelling, dwelling unit, or residential housing unit.
(5) 'Elevated blood lead level' means a blood lead concentration of ten micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(6) 'Lead poisoning hazard' means the presence of readily accessible or mouthable lead bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by chemical analysis; 15 parts per billion or greater in drinking water; 100 micrograms per square foot or greater for dust on floors; 500 micrograms per square foot or greater for dust on window sills; or soil lead concentrations in an amount greater than or equal to 2,000 parts per million that is determined by the division to present a hazard in light of the condition and use of the land and other relevant factors.
(7) 'Lead safe housing" is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b)(15) or housing that has been found to meet the requirements of the maintenance standard.
(8) 'Maintenance standard' means the following:
(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;
(B) Cleaning the interior of the unit at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard;
(C) Adjusting doors and windows to minimize friction or impact on surfaces;
(D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first;

WEDNESDAY, MARCH 10, 1999

1665

(E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and
(F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto.
(9) 'Managing agent' means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.
(10) 'Mouthable lead-bearing substance' means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards.
(11) 'Persistent elevated blood lead level' means a blood lead concentration of 15 to 19 micrograms per deciliter as determined by the lowest of three consecutive blood tests. The first two blood tests shall be performed within a six-month period, and the third blood test shall be performed at least 12 weeks and not more than six months after the second blood test.
(12) 'Readily accessible lead-bearing substance' means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include paint that is chalking.
(13) 'Regularly visits' means presence at a dwelling, dwelling unit, school, or daycare facility for at least two days a week for more than three hours per day.
(14) 'Supplemental address' means a dwelling, dwelling unit, school, or day-care facility where a child with a persistent elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of a persistent elevated blood lead level or a confirmed lead poisoning.
31-41-13.
Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner or managing agent of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The written notice to the owner or managing agent shall include a list of possible methods of abatement of the lead poisoning hazard.
31-41-14.
(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require abatement of the lead poisoning hazards. The division shall also require the abatement of the lead poisoning hazards identified at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.

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(b) When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the division within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section.
(c) If the abatement plan submitted fails to meet the requirements of this Code section, the division shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the division.

(d) If the owner or managing agent does not submit an abatement plan within 14 days, the division shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order.

(e) The owner or managing agent shall notify the division and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities.

(f) Abatement shall be completed within 60 days of the division's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the division shall issue an order requiring completion of abatement activities. An owner or managing agent may apply to the division for an extension of the deadline for abatement. The division may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.
(g) All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules.

(h) The division shall verify by visual inspection that the approved abatement plan has been completed. The division may also verify plan completion by residual lead dust monitoring. Compliance with the maintenance standard shall be deemed equivalent to meeting the abatement plan requirements as long as exterior surfaces are also addressed.

(i) Removal of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used for a dwelling, school, or day-care facility.

31-41-15.
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: (1) for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section 31-41-12 provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section 31-41-16 annually during such occupancy; or (2) if the owner is able to show that the unit was lead safe housing containing no lead-based paint hazards during the period when the injuries were sustained.

WEDNESDAY, MARCH 10, 1999

1667

31-41-16.

An owner of a unit who has complied with the maintenance standard may apply annually to the division for and upon presentation of acceptable proof of compliance shall be provided by the division a certificate evidencing such compliance. The owner shall be entitled to the liability relief provided for in Code Section 31-41-15 upon obtaining such certificate or certificates.
31-41-17.

In any residential housing unit occupied by a child less than six years old who has an elevated blood lead level of ten micrograms per deciliter or greater, the division shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:

(1) Wiping clean all window sills with a damp cloth or sponge at least weekly;

(2) Regularly washing all surfaces accessible to the child;

(3) In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and

(4) Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit including vinyl miniblinds, playground equipment, drinking water, soil, and painted surfaces and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors.
31-41-18.

The Division of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article."

SECTION 2.
The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Division of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Alien Anderson
Ashe Bailey Bannister Barnard Barnes Benefield Birdsong

Y Bohannon Y Bordeaux
N Borders Y Bridges Y Brooks N Brown Y Buck Y Buckner Y Bulloch

Bunn
Burkhalter Byrd Callaway Campbell Cash Channell Childers
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
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Y Dodson
Y Dukes

1668
Y Ehrhart Y Epps N Evans Y Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene
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 N Hudgens Y Hudson, H Y Hudson, N

JOURNAL OF THE HOUSE

Y Hugley Y Irvin Y Jackson, B Y 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 E Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee N McCall Y McClinton
McKinney
Y Millar N Mills

Mobley Morris Mosley Mueller
CWea! Orrock Parham
Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas
Randall
Ray
Reaves
Reece
Reed Reese Reichert Rice Richardson Roberts

N Rogers Y Royal
Sanders Y Sauder Y Scarlett
Scheid Scott Y Shanahan N Shaw Shipp
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 Y Smyre Y Sneffing 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 E Trense Y 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 150, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substitute. 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.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to applicability and exceptions from operation of chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code Section 43-13-10, relating to applicability and exceptions from operation of chapter, and inserting in lieu thereof the following:
"43-13-10.
(a) This chapter shall not apply te-a to an accredited secondary school, technical institute, or college conducting a driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality.

WEDNESDAY, MARCH 10, 1999

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(b) The provisions of thin chapter other than paragraph (2) of Code Section 13 13-4 shall apply to secondary achoola conducting driver training courses and to instructors
4.1,------ f----. LllUlUlUl.
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 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
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell N 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 Lord
Y Lucas Y Maddox E Mann Y Manning Y 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 O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Y Porter N 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 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 E Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, K Y Wix Y Yates
Murphy, Spkr

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. 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.
The following Committee substitute was read:

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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; to change the requirements for proof of such eligibility; to provide for a misdemeanor criminal penalty for false or misleading statements made in certain medical affidavits; to change the definitions of certain terms relating to parking for persons with disabilities; to change the criteria for eligibility for parking permits for persons with disabilities; to establish certain requirements with respect to such parking permits and the contents of a medical doctor's affidavit of disability; to make it unlawful to stop, stand, or park a vehicle in a parking place for persons with disabilities which is designated "For Disabled Persons With Ambulatory Assistive Devices Only" unless a disabled person using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle and provide for penalties; to make it unlawful for any person to willfully make a false or misleading statement in applications for parking permits for persons with disabilities and supporting medical affidavits and provide for penalties; 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.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-2-74, relating to special license plates for persons with disabilities and inserting in lieu thereof a new Code Section 402-74 to read as follows:
"40-2-74.
(a) Prior to July 1, 1999, any Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any combination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability.
(a.l) On and after July 1, 1999, any owner of a private passenger motor vehicle with a gross vehicle weight rating of less than 14,000 pounds who is a resident of Georgia^ upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submitting a licensed medical doctor's affidavit stating that the owner or his or her spouse, child, or ward is a person with disabilities, as defined m~ paragraph (5) of Code Section 40-6-221, whose disability or incapacity can be expected to last for more than 180 days and stating the specific disability that limits or impairs the ability to walk, shall be issued a specially designated disabled person's li-
(b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired person' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' li-

WEDNESDAY, MARCH 10, 1999

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censes, as now or hereafter amended. For purposes of this subsection, presentation of an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment.
(c) Upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon submission of satisfactory proof of disability as provided in subsection (a) or (a.l) of this Code section, as applicable:
(1) Any resident person who is the joint owner of a motor vehicle with a disabled person as prescribed in this Code section shall be authorized to obtain such specialized plates for such jointly owned vehicle; and
(2) Any resident motor vehicle owner who is the spouse, parent, or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle.
Upon the death of the disabled person or if the joint ownership of such vehicle ceases for any reason, the specialized license plate shall be canceled and the owner of such motor vehicle shall be issued a regular license plate for such vehicle.
(d) The commissioner is directed to furnish such license plates as provided for in this Code section, which shall bear the official international wheelchair symbol or a reasonable facsimile thereof, or such other symbols as the commissioner may deem appropriate.
(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section shall be transferred to another vehicle as provided in Code Section 40-2-80.
(f) Any person who is not a disabled person as prescribed in this Code section or a person otherwise entitled to obtain such special license plates and who willfully and falsely represents himself as having the qualifications to obtain the special plates prescribed by this Code section shall be guilty of a misdemeanor.
(f.l) Any person who willfully makes a false or misleading statement in the licensed medical doctor's affidavit stating that an applicant is a disabled person as prescribed in this Code section shall be guilty of a misdemeanor.
(g) Any person owning a vehicle bearing the special plates and not entitled to do so under this Code section shall be guilty of a misdemeanor."
SECTION 2.
Said title is further amended in Code Section 40-6-221, relating to definitions regarding parking for persons with disabilities, by striking in their entirety paragraphs (3) and (5) and inserting in lieu thereof new paragraphs (3) and (5) to read as follows:
"(3) 'Parking place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of handicapped persona persons with disabilities as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at auch height or a height of seven feet from the bottom of the sign to its ground surface and in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Permit Parking Only,' 'Tow-Away Zone,' er and the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign.

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The sign required by this subparagraph shall be the official authorized sign for parking place designations for persons with disabilities in this state. In addition, parking spaces which are required by Code Section 30-3-6 shall be designated as 'For Disabled Persons With Ambulatory Assistive Devices Only'; or
(B) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Parking Only for Persons with Disabilities' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph."
"(5) 'Person with disabilities' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or dioability has a significant loos or impairment of mobility.:
(A) Is so ambulatorily disabled that he or she cannot walk 200 feet without stopping to rest;
(B) Cannot walk without the use of or assistance from a brace, a cane, a crutch, another person, a prosthetic device, a wheelchair, or other assistive device;
(C) Is restricted by lung disease to such an extent that his or her forced respiratory volume for one second, when measured by spirometry, is less than one liter, or when at rest, his or her arterial oxygen tension is less than 60 millimeters of mercury on room air;
(D) Uses portable oxygen;
(E) Has a cardiac condition to the extent that his or her functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
(F) Is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition or complications due to pregnancy."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-222 to read as follows:
"40-6-222.

(a) The Department of Public Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and may shall by regulation require such proof of disability or incapacity as may be is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, aed the license number of the particular vehicle, and an

WEDNESDAY, MARCH 10, 1999

1673

identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities.
(b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily disabled person, the specific disability that limits or impairs the ability to walk, and stating a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard.
(c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently disabled person and the specific disability that limits or impairs the ability to walk. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard.

(d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this part.
(e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or
(2) Is physically disabled due to the loss of, or loss of use of, both upper extremities.
This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:
'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at

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the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'"
SECTION 4.
Said title is further amended by striking in its entirety Code Section 40-6-226, relating to offenses and penalties relating to parking for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-226 to read as follows:
"40-6-226.

(a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222.
(a.l) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities which is designated 'For Persons With Disabled Ambulatory Assistive Devices Only* unless:
(1) There is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222; and
(2) A person with disabilities who is using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle.
(b)(l) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities.
(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory.
(3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities.
(c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities.
(c.l) It shall be unlawful for any person to willfully make a false or misleading statement in an application for a parking permit for persons with disabilities or in the licensed medical doctor's affidavit stating that an applicant is a disabled person.

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1675

(d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued.

(e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property.

(f)(l) Any person violating subsection (c) or (c.l) of this Code section shall be guilty of a misdemeanor.

(2) Any person violating subsection (a), (a.l), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00.

(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.

(h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner."

SECTION 5.
This Act shall become effective on July 1, 1999, and shall apply to license plates and parking permits issued on or after that date.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Martin of the 145th, Wiles of the 34th, Jamieson of the 22nd and Day of the 153rd move to amend the Committee substitute to HB 496 by striking the word "doctor's" on line 12 of page 1.
By striking line 21 of page 2 and inserting in lieu thereof the following:

"submitting an affidavit of a practitioner of the healing arts stating".

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By inserting following the word and symbol "commissioner." on line 28 of page 2 the following:

"As used in this Code section, the term 'practitioner of the healing arts' means a person holding a license to practice medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively.".
By striking lines 35 and 36 of page 3 and inserting in lieu thereof the following:

"(f.l) Any practitioner of the healing arts who willfully makes a false or misleading statement in his or her affidavit".
By striking lines 5 and 6 of page 4 and inserting in lieu thereof the following:

"and (5) and inserting in lieu thereof new paragraphs (3), (5), and (5.1) to read as follows:".
By striking the quotation mark on line 22 of page 5 and inserting between lines 22 and 23 of page 5 the following:

"(5.1) 'Practitioner of the healing arts' means a person holding a license to practice medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43, respectively.'".
By striking lines 18 and 19 of page 6 and inserting in lieu thereof the following:

"temporarily disabled person upon presentation of a liccnocd medical doctor's affidavit of an affidavit of a practitioner of the healing arts stating that such".
By striking lines 34 and 35 of page 6 and inserting in lieu thereof the following:

"other permanently disabled person upon presentation of a licensed medical doctor'a affidavit of an affidavit of a practitioner of the healing arts stating that such".
By striking line 23 of page 9 and inserting in lieu thereof the following: "affidavit of a practitioner of the healing arts stating that an".

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 Y Buckner Y Bulloch Y Bunn

Burkhalter Byrd Callaway
Campbell Cash Channell Childers
Clark Coan Coleman, B
Coleman, T Connell
Cooper Cox Crawford
Cummings Davis, M Davis, T

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
Grindley Y Hammontree

Hanner Harbin Harrell Heard Heckstall Hegstrom
Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Jackson, B 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 E Mann
Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall

Y McCUnton 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

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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

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

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 E Trense Y 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, by substitute, as amended, the ayes were 167, nays 0.

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

The report of the Committee, which was favorable to the 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
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
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y 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

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 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 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 E Trense

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Y Turnquest Y Twiggs Y Unterman

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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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to repeal provisions 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.
The following Committee substitute was read and withdrawn:
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 repeal provisions 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, including seizure of certain commercial vehicles; to repeal provisions making it unlawful for any individual or entity properly licensed as a conditioned air contractor to employ or contract for the services of any unlicensed individual or entity to perform any work or service which is required to be performed by certain licensed individuals or entities and to provide for cease and desist orders to prohibit such unlawful activities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety Code Section 43-14-12.1, which reads as follows:
"43-14-12.1.
(a) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter.
(b) The violation of any cease and desist order of the board issued under subsection (a) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.

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(c) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the person against whom the cease and desist order was issued.
(d)(l) Upon any violation of a cease and desist order of the board issued under subsection (a) of this Code section, the board shall be authorized to order investigators provided for in Code Section 43-1-5 or to request a law enforcement agency to seize any commercial vehicle titled to the unlicensed person which is used in the violation of the provisions of this chapter relating to and involving the business or profession of a conditioned air contractor. Any such commercial vehicle which is used in violation of a cease and desist order is declared to be contraband subject to forfeiture and confiscation and seizure by any peace officer. A peace officer who seizes a commercial vehicle under the provisions of this paragraph shall hold or cause to be held such vehicle for a period of 30 days. Upon payment of all fines and charges associated with the violation of the cease and desist order and storage of such vehicle, said vehicle shall be returned to the owner. If such charges or fines remain unpaid on the thirty-first day following the seizure, the peace officer shall forthwith deliver such property to the district attorney whose circuit includes the county in which the seizure is made or to the district attorney's duly authorized agent within 40 days of the seizure. In the event such unlicensed person violates a subsequent cease and desist order, such commercial vehicle shall not be held as provided in this paragraph, but shall be delivered to the appropriate district attorney to institute proceedings as provided for in paragraph (2) of this subsection.

(2) The district attorney whose circuit includes the county in which the seizure is made, within 60 days after the seizure of any illegal commercial vehicle, shall institute proceedings by petition in the superior court of any county where the seizure was made against the commercial vehicle so seized and against any and all persons known to have an interest in or right affected by the seizure or sale of such property. A copy of such petition shall be served upon the owner or lessee of such property, if known, and upon the person or persons having custody or possession of such property at the time of the confiscation or seizure. If the owner or lessee, or person or persons having custody or possession of such property at the time of seizure, is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the newspaper in which sheriffs advertisements of the county are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceedings and any sale of the property resulting therefrom. If no defense or intervention shall be filed within 30 days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as in other civil cases. Should any commercial vehicle be found to be illegal within the sense of this chapter, the same shall be decreed to be contraband and ordered sold under such terms as the judge in his or her order may direct. The proceeds arising from such sale shall be applied:
(A) To the payment of proper costs and expenses, including expenses incurred in the seizure;
(B) To the payment of the cost of the court and its officers;
(C) To the payment of any cost incurred in the storage, advertisement, maintenance, or care of such property; and
(D) If any money remains, one-half of such proceeds to the general funds of the municipality where the violation occurred or to the county if the violation occurred in the unincorporated area of a county and one-half to the law enforcement agency which seized the equipment.

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(3) Where the owner or lessee of any commercial vehicle seized for purpose of condemnation shall abscond or conceal himself or herself so that the actual notice of the condemnation proceedings cannot be served upon such person, such person shall be served by publication as is provided in this subsection in the case of an unknown owner or lessee.
(4) All proceedings against any alleged illegal commercial vehicle for the purpose of condemnation shall be proceedings in rem against the property, and the property shall be described only in general terms. It is the intent and purpose of the procedure provided by this subsection to provide a civil remedy for the condemnation and sale of contraband property.
(5) Any party at interest may appear, by answer under oath, and make his or her defense. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the property seized, if illegally used by another, was used without the knowledge, connivance, or consent, expressed or implied, of the owner, lessee, security interest holder, or lienholder. The holder of any bona fide lien on or security interest in the property shall be protected to the full extent of his or her lien or security interest, respectively; provided, however, that nothing contained in this subsection shall be construed to obligate the district attorney whose circuit includes the county in which a seizure is made beyond the proceeds of any such sale less the actual costs incurred by the district attorney.
(e)(l) It shall be unlawful for any individual or entity properly licensed under this chapter as a conditioned air contractor to employ or contract for the services of any unlicensed individual or entity to perform any work or service which is required by this chapter to be performed by a licensed individual or entity. After notice and hearing, the board may issue a cease and desist order prohibiting any licensed conditioned air contractor from employing or contracting for the services of any unlicensed individual or entity in violation of this paragraph.
(2) The violation of any cease and desist order of the board issued under paragraph (1) of this subsection shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each violation thereof. Each day that a person practices in violation of this subsection and chapter shall constitute a separate violation.
(f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section."
and inserting in lieu thereof the following:
"Reserved."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Byrd of the 170th et al., was read and adopted:

WEDNESDAY, MARCH 10, 1999

1681

A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that a person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor; to change the provisions relating to certain cease and desist orders relating to the profession of a conditioned air contractor; to repeal provisions and procedures relating to the seizure of certain commercial vehicles; to repeal certain provisions relating to employing or contracting for services of any unlicensed individuals or entities; to provide that if a person is in violation of certain provisions of this chapter, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person; to provide for the disposition of certain civil fines imposed and collected under this Act; to change certain penalty provisions relating to violations of said chapter; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety subsection (c) of Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)(l) No person shall engage in the business of conditioned air contracting as a conditioned air contractor unless such person has a valid license from the Division of Conditioned Air Contractors.
(2) A person who is not licensed as a conditioned air contractor shall be prohibited from advertising in any manner that such person is in the business or profession of a conditioned air contractor."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-14-12.1, relating to cease and desist orders in connection with the profession of a conditioned air contractor, and inserting in lieu thereof a new Code Section 43-14-12.1 to read as follows:
"43-14-12.1.
(a) If a person is in violation of paragraph (1) or (2) of subsection (c) of Code Section 43-14-8, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of conditioned air contracting by an unlicensed person.
(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a conditioned air contractor advertises that such person is in the business or profession of a conditioned air contractor or advertises in a manner such that the general public would believe that such person is a licensed conditioned air contractor or in

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the business or profession of a conditioned air contractor. Advertising under this subsection includes, but is not limited to, newspaper, television, radio, telephone directory, mailings, or sign at place of business or attached to a vehicle.
(c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and hearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a conditioned air contractor without a license as required under this chapter.
(d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $500.00 for each violation thereof. Each day that a person practices in violation of this Code section and chapter shall constitute a separate violation.
(e) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the person against whom the cease and desist order was issued.
(f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
(g) Any civil fines imposed and collected by the board under this Code section shall be paid into the treasury of the local jurisdiction wherein the violation occurred."
SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-14-14, relating to the penalty applicable under said chapter, and inserting in lieu thereof a new code Section 43-14-14 to read as follows:
"43-14-14.

Any person violating this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both.

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

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

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

Y Alien Y Anderson 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 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

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
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

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

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1683

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

Purcell
Ragas 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
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 E 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 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the vote of Representative Heard of the 89th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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.
The following Committee substitute was read:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses; to provide for fulfilling preexisting terms; to provide for appointment, terms, compensation, benefits, and qualifications of juvenile court judges; to provide for full-time, part-time, county-wide, and circuit-wide juvenile court judges; to provide for presiding judges; to change rules relating to the practice of law by juvenile court judges; to change provisions for state compensation of juvenile court judges; 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.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-3, relating to the creation of juvenile courts and judges' terms, compensation, qualifications, actions, practice of law, and pensions, and inserting in its place the following:
"15-11-3.

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(a) Creation. There is created a juvenile court in every county in the state.
(b) Appointment; authority; judgeships in existence on or before July 1, 1083 January 1, 1999. The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit, unlcaa otherwise provided by a local Act. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed will have the authority to act as judge of each juvenile court in each county of the circuit. If no person is appointed as a juvenile court judge for the circuit, then the superior court judge or judges oFThe circuit shall assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship had not been established as part of the duties of the superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before July 1, 1083 January 1, 1999, shall continue until such time as a one or more circuit-wide juvenile court judge ia judges are appointed or until terminated by two aucccaaive rccommcndationa of the grand jurica of the county with the concurrence of the judge or judges of the superior court of the circuit. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in subsection (d) of this Code section.
(c) Fulfilling preexisting terms; jurisdiction. When a one or more circuit-wide juvenile court judge ia judges are appointed, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide.
(d) Terms and compensation ofjudges.
(1) Each juvenile court judge appointed under this article Code section shall serve for a term of four years equal to that of the aupcrior court judgca of the circuit. Ex ccpt as otherwise provided by law, the compensation of the juvenile judge shall be act by the judge or judgca of the aupcrior court with the approval of the governing authority or governing authorities of the county or counties for which he ia appointed.
(2) The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(A) Circuits with a population of 400,000 or more according to the United States decennial ccnaua of 1080 or any future such census................................$ 36,000.00
(A) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive state funds equal to 90 percent of the state base salary for a superior court judge, without regard to the population or juvenile caseload of the circuit. Such state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(B) Circuits with a population of 160,000 or more but leaa than 400,000 according to the United States decennial ecnaua of 1080 or any future such census. ..............

(B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which has a population exceeding 100,000 or a juvenile caseload exceeding 1,600 is eligible for additional state funds. For each 25,000 persons exceeding the base population of 100,000, or for each 400 juvenile cases exceeding the base juvenile caseload of 1,600, the circuit shall receive as additional funds an

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1685

amount equal to one-fourth of the base amount of state funds set out in subparagraph (A) of this paragraph. For the purposes of this Code section, circuit population shall be the population according to the 1990 United States decennial census or any future such census, and the juvenile caseload of a circuit shall be certified by the Administrative Office of the Courts. Such additional state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(C) Circuits with a population of 100,000 or more but Icaa than 160,000 according to the United Statca decennial ccnaus of 1080 or any future auch census...............
1j-UC,\fJ\\fJ\\fJ\ ,\fJ\\fJ\
(D) Circuits with a population of 70,000 or more but Icaa than 100,000 according to the United Statca decennial census of 1080 or any future such ccnoua............... 10 000 00
(E) Circuits with a population of Icaa than 70,000 according to the United Statca decennial ccnaua of 1080 or any future auch ccnaua................................. 6,000.00
No atatc funds ahall be available for the above contributions toward the salary of the judges on a per circuit baaia until the General Assembly has appropriated funda for that specific purpose.
(3)(3) The remaining amount of the salary of the juvenile judge provided for in par agraph (1) of thia aubacction Minimum salaries for full-time juvenile court judges shall be 90 percent of the superior court judges' state base salary, plus 90 percent of the local supplements paid to superior court judges. Total salaries for part-time juvenile court judges shall be determined by the superior court judge or a majority of the superior court judges of the circuit, shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bcnro to the total pop ulation of the counties comprising said circuit as ahown by the latoat official dcccn nial census.
(e) Qualifications of judges. No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three five years. A juvenile court judge shall be eligible for reappointment.
(f) Presiding judge. In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge.
(g) Practice of law by judges. It shall be unlawful for the judge of any full-time juvenile court judge to engage directly or indirectly in the any practice of law outside his or her role as a juvenile court judge. It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing his the duties as of a juvenile court judge.
(h) Action by superior court judges. In any case in which action under this Code section is to be taken by the superior court judge of the circuit, such action shall be taken as follows:

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(1) Where there are one or two judges, such action shall be taken by the chief judge of the circuit; and
(2) Where there are more than two judges, such action shall be taken by a majority vote of the judges of the circuit, by a majority vote of the judges of the oupcrior court of the judicial circuit cncompaaaing the county where there arc more than two superior court judges. Where there arc two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section ahall bo taken by the chief judge of the superior court circuit.
(i) Administration and expenses. Each juvenile court created under this article shall be assigned and attached to the superior court of the county for administrative purposes. The governing authority of the county of residence of each juvenile court judge shall offer the juvenile court judge or judges insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro-rata contribution towards the costs of such benefits, based on county population. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System Fund provided by Chapter 23 of Title 47. Except as otherwise provided by subsection (d) of this Code section, all AH expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which he the juvenile court judge is appointed.
(j) Applicability.
(1) To the extent that the provisions of this Code section conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and fulltime or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern.
(2) The state funds provided by subsection (d) of this Code section shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in length of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuitwide juvenile court judges, whether the judge or judges shall be full time or part time, or a combination of full time and part time, and the compensation of any parttime juvenile court judge or judges."
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 Martin of the 47th and Walker of the 141st move to amend the Committee substitute to HB 182 by striking line 13 of page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 10, 1999

1687

"provide for effective dates; to repeal conflicting laws; and". By striking lines 7 and 8 of page 3 and inserting in lieu thereof the following:

"a superior court judge in effect on July 1, 1999, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4, without regard to the number of superior court judges in the circuit. Such".
By striking lines 17 through 31 of page 3 and inserting in lieu thereof the following:

"subparagraph (A) of this paragraph, each circuit which, on July 1, 1999, has more than four superior court judges is eligible for additional state funds. For each superior court judge as of July 1, 1999, who exceeds the base of four judges, the circuit shall be eligible for additional funds in an amount equal to one-fourth of the base amount of state funds set out in subparagraph (A) of this paragraph. Such additional state funds shall be spent".
By striking lines 11 and 12 of page 4 and inserting in lieu thereof the following:

"state base salary in effect on July 1, 1999, plus any annual salary adjustment provided to state officials in the future by subsection (b) of Code Section 45-7-4, plus 90 percent of the local supplements paid to superior court judges as of July 1, 1999. Total".
By striking lines 22 through 29 of page 5 and inserting in lieu thereof the following:

"purposes. The governing authority of the county where the main office of the chief superior court judge or sole superior court judge of the circuit is located shall offer the juvenile court judge or judges insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county. Where there is more than one county in the circuit, the county or counties where the main office of the chief superior court judge or sole superior court judge of the county is not located shall pay a pro rata share, based on county population7 of the benefits provided to juvenile court judges by the county where the main office of the chief superior court judge or sole superior court judge of the circuit is located. Counties shall".
By striking line 24 of page 6 and inserting in lieu thereof the following:
"The provisions of this Act amending paragraphs (2) and (3) of subsection (a), amending subsection (i), and inserting subsection (j) of Code Section 15-11-3 shall become effective only when funds are specifically appropriated for the 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. Other provisions of this Act shall become effective July 1, 1999."

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 N Bannister N Barnard N Barnes
Y Benefield Y Birdsong

Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown N Buck
Buckner N Bulloch

Bunn Burkhalter Byrd Callaway
Campbell Cash Channell
Childers
Clark

N Coan Y Coleman, B N Coleman, T Y Connell N Cooper Y Cox Y Crawford Y Cummings Y Davis, M

N Davis, T N Day
Y Dean N DeLoach, B N DeLoach, G Y Dix
Dixon Y Dodson Y Dukes

1688
Ehrhart Eppa Evans Everett Felton Floyd Franklin Golick Graves Greene Grindley Hammontree Hanner Harbin Harrell Heard Heckstall Y Hegstrom Y Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N

JOURNAL OF THE HOUSE

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

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

N Y Royal
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 N Smith, C N Smith, C.W Y Smith, L Y Smith, L.R Y Smith, P N Smith, T N Smith, V Y Smyre Y Snelling N Snow Y Squires N Stallings

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

On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Due to a mechanical malfunction, the vote of Representative West of the 101st was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following Resolutions of the House were read and adopted: HR 477. By Representatives Brooks of the 54th, Walker of the 87th, Epps of the
131st, Walker of the 141st, Irvin of the 45th and others: A resolution urging the President of the United States and the United States Attorney General to order an immediate and full investigation into the 1946 murders of four Black sharecroppers in Walton County. HR 499. By Representatives Coleman of the 142nd, Parrish of the 144th, Morris of the 155th, DeLoach of the 119th, Anderson of the 116th and others: A resolution commending John P. Chatfield. HR 500. By Representatives McBee of the 88th, Porter of the 143rd, Royal of the 164th and Smyre of the 136th: A resolution commending Georgia Institute of Technology on the Hesburgh Award. HR 501. By Representatives Byrd of the 170th and Reaves of the 178th: A resolution recognizing and commending the Vann Wooten family. HR 502. By Representative Squires of the 78th: A resolution commending Scott Freeman Simmons. HR 503. By Representative Squires of the 78th: A resolution commending Justin Michael Martin. HR 504. By Representative Squires of the 78th: A resolution commending Geoffrey Donald Wells.

WEDNESDAY, MARCH 10, 1999

1689

HR 505. By Representative Squires of the 78th:
A resolution commending Seth Daniel LaBaron.
HR 506. By Representative Squires of the 78th:
A resolution commending Stephen Michael Ball, Jr.
HR 507. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Golick of the 30th, Wiles of the 34th and others:
A resolution congratulating the Marietta High School Boys Basketball Team.
HR 508. By Representative Burkhalter of the 41st:
A resolution commending and congratulating the Webb Bridge Middle School Academic Bowl Team.
HR 509. By Representative Smith of the 169th:
A resolution commending Mr. and Mrs. Spencer Drury.
HR 510. By Representatives Royal of the 164th and Dukes of the 161st:
A resolution commending the Mitchell-Baker High School Eagles varsity cheerleaders.
HR 511. By Representatives Ashe of the 46th, Smith of the 175th, Jamieson of the 22nd, Taylor of the 134th, Hugley of the 133rd and others:
A resolution commending the Council for School Performance.
HR 512. By Representative Smith of the 169th:
A resolution honoring Mrs. Betty Carter.
HR 513. By Representatives Royal of the 164th and Dukes of the 161st:
A resolution commending the Mitchell-Baker High School Eagles basketball team.
HR 514. By Representatives Powell of the 23rd, Murphy of the 18th, Walker of the 141st and Skipper of the 137th:
A resolution commending Mr. Carlton Pierce and expressing support in his time of need.
HR 515. By Representative Powell of the 23rd:
A resolution proclaiming April, 1999, as "Child Abuse Prevention Month in Hart County".
HR 516. By Representatives Pinholster of the 15th, Stancil of the 16th and Scheid of the 17th:
A resolution commending the Sequoyah High School Wrestling Team.
HR 517. By Representatives Reaves of the 178th, Purcell of the 147th and Floyd of the 138th:
A resolution expressing appreciation for the efforts of purebred animal rescue associations.
HR 518. By Representatives Mobley of the 69th, McClinton of the 68th, Henson of the 65th, Anderson of the 116th, Teague of the 58th and others:
A resolution designating the month of May as Stroke Awareness Month in Georgia.
HR 519. By Representatives Dean of the 48th, McKinney of the 51st, Orrock of the 56th, Taylor of the 134th, Holmes of the 53rd and others:
A resolution commending the Asian American Hotel Owners Association.

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HR 520. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th, Golick of the 30th, Wiles of the 34th and others:
A resolution recognizing and commending Life University for its magnanimous support of Georgia Games in co-operation with the Georgia State Games Commission and the State of Georgia.
Pursuant to SR 257, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 15, 1999.

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Representative Hall, Atlanta, Georgia Monday, March 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:

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

Davis, T Day
Dean DeLoach, B DeLoach, G Dixon
Dodson Dukes Ehrhart
Evans Everett
Felton Floyd Franklin Golick Greene Hammontree
Harbin Heard Hegstrom Hembree
E 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 McClinton McKinney
Millar Mills Mobley Morris
Mosley O'Neal Orrock Parham Parrish Parsons Pelote

Pinholster Poag Porter Powell Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Rogers Eoyal Sanders Sauder Scheid Scott Shanahan Shaw Shipp Sholar Sinkfield Skipper Smith, B Smith, C

Smith, C.W Smith, L Smith, P Smith, T Smith, V Smyre Snelling Snow Stallings Stancil Stanley-Turner E Stokes Taylor Teper E Tillman Tolbert Trense Turnquest Twiggs Unterman Watson West Whi taker Wiles Williams, R Wix Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Cooper of the 31st, Stanley of the 49th, Purcell of the 147th, Hanner of the 159th, Harrell of the 62nd, Channell of the lllth, Scarlett of the 174th, Walker of the 141st, Walker of the 87th, Heckstall of the 55th, Squires of the 78th, Graves of the 125th, Hudson of the 120th, Irvin of the 45th, Jamieson of the 22nd, Ragas of the 64th, Massey of the 86th, Coan of the 82nd, Bordeaux of the 151st, Williams of the 83rd, Jones of the 71st, Ponder of the 160th, Stuckey of the 67th, Maddox of the 72nd, Sims of the 167th, Stephens of the 150th, Anderson of the 116th, Brown of the 130th, Westmoreland of the 104th, Epps of the 131st, Smith of the 103rd, Yates of the 106th, Teague of the 58th, Alien of the 117th, Lucas of the 124th and Roberts of the 162nd.
They wish to be recorded as present.
Prayer was offered by the Reverend Vince Goble, Pastor, Faith Baptist Church, Chatsworth, 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 of the House were introduced, read the first time and referred to the committees: HB 975. By Representative Bunn of the 74th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by employees of county departments of family and children services in the Employees' Retirement System of Georgia, so as to provide that such persons shall receive creditable service for all prior accredited service.
Referred to the Committee on Retirement.
HB 976. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, Golick of the 30th, Ehrhart of the 36th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 977. By Representative Stephens of the 150th: A bill to amend an Act creating a new charter for the City of Pooler, so as to extend the present corporate limits of the City of Pooler and annex and incorporate certain additional land to said municipality.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 978. By Representatives Hammontree of the 4th and Mann of the 5th: A bill to amend Code Section 47-3-89 of the Official Code of Georgia Annotated, relating to credit in the Teachers Retirement System of Georgia for service rendered in governmentally supported or operated schools other than public schools in Georgia, so as to provide for creditable service for prior service in certain overseas American supported schools.
Referred to the Committee on Retirement.

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HB 980. By Representatives Epps of the 131st and Hugley of the 133rd: A bill to amend an Act creating the Meriwether County Public Facilities Authority, so as to redefine a certain term; to expand a certain general power.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 981. By Representative Reese of the 85th: A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 982. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd: A bill to create the Joint Liberty County and City of Hinesville VocationalTechnical School Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 983. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd: A bill to amend an Act providing a board of elections for Liberty County, so as to increase the number of members of said board from four to five.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 984. By Representatives Sims of the 167th, Randall of the 127th, Twiggs of the 8th, Ashe of the 46th, Smith of the 103rd and others: A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful for any person to videotape the activities of another which occur in any private place and out of public view without the consent of the person observed.
Referred to the Committee on Judiciary.
HB 985. By Representative Smith of the 169th: A bill to provide that the judge of the Probate Court of Bacon County shall also serve as the chief magistrate of the Magistrate Court of Bacon County; to provide for compensation; to provide for transition.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 986. By Representative McCall of the 90th: A bill to amend an Act granting a new charter to the Town of Tignall, 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 987. By Representatives Buckner of the 95th, Cox of the 105th and Powell of the 23rd: A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to the arrest of persons by law enforcement officers, so as to provide that a child who is arrested on the grounds of a public or private elementary or secondary school and is released from police

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custody on the same day shall be released to the custody of his or her parent or guardian, or the designee of the parent or guardian, and shall not return to school on the day on which such arrest occurs.
Referred to the Committee on Education.
HB 988. By Representatives Cummings of the 27th and Shanahan of the 10th: A bill to amend Code Section 47-2-245 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for secretaries of appellate court judges, so as to provide creditable service for prior service as secretaries of superior court judges.
Referred to the Committee on Retirement.
HB 989. By Representatives Whitaker of the 7th and Poag of the 6th: A bill to amend an Act providing a new charter for the City of Blue Ridge, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 990. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th and Ray of the 128th: A bill to amend an Act relating to the Board of Education of Houston County, so as to change provisions relating to the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 991. By Representative Smith of the 169th: A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation for the chairperson.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 992. By Representative Smith of the 169th: A bill to amend an Act creating a new charter for the City of Alma, so as to provide for staggered terms for the members of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 12 HB 952 HB 953 HB 954 HB 955 HB 956 HB 957 HB 958 HB 959 HB 960 HB 961 HB 962 HB 963

HB 964 HB 966 HB 967 HB 968 HB 970 HB 971 HB 972 HB 973 HB 974 HB 979 SB 35 SB 77 SB 101

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SB 115 SB 126 SB 146 SB 148 SB 152 SB 159 SB 164 SB 180 SB 182 SB 205 SB 210 SB 218
SB 230

SB 231 SB 235 SB 238 SB 241 SB 242 SB 245 SB 251 SB 253 SB 256 SB 259 SB 262 bK 175

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 264 Do Pass, by Substitute
Respectfully submitted, Isl Hudson of the 156th
Chairman
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 24 Do Pass SB 37 Do Pass SB 94 Do Pass
Respectfully submitted, Isl 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 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 441 Do Pass HR 443 Do Pass

JOURNAL OF THE HOUSE

Respectfully submitted, /s/ Banner of the 159th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 51 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 427 Do Pass SR 46 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 Senate and has instructed me to report the same back to the House with the following recommendations:

MONDAY, MARCH 15, 1999

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HB 923 Do Pass HB 928 Do Pass HB 929 Do Pass HB 930 Do Pass HB 931 Do Pass HB 932 Do Pass HB 933 Do Pass HB 936 Do Pass HB 938 Do Pass HB 940 Do Pass HB 941 Do Pass

HB 942 Do Pass HB 943 Do Pass HB 944 Do Pass, by Substitute HB 948 Do Pass HB 949 Do Pass HB 950 Do Pass HB 951 Do Pass HB 965 Do Pass HB 969 Do Pass SB 134 Do Pass SB 207 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 MONDAY, MARCH 15, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enumerated below:

SB 9 Claims Advisory Bd - exclude cert small claims from pmt (Dean of the 31st)
SB 10 Agric Product, Grain, Livestock Dealers, Etc -bonds (Ragan of the llth)
SB 28 County Officers', Employees' Health Plan - election of plans (Gillis of the 20th)
SB 41 Limited Liability Go's- mbr not entitled pmt after dissociation (Egan of the 40th)
SB 62 Electronic Records, Signatures Act - legal effect, admissibility (Lamutt of the 21st)
SB 128 Hospitals - define acquisitions, dispositions (Madden of the 47th)

SR 17 James D. Mason Memorial Hwy. - designate (Ray of the 48th)
SR 45 Baldwin,Bartow,DeKalb,Elbert,Floyd,Glascock Co.'s -prop, con (Dean of the 31st)
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 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.
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 137, nays 1.
The Bill, having received the requisite constitutional majority, was passed. SB 207. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws relating 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.
The following Committee substitute was read and adopted:

A BILL
To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4547), by an Act approved March 18, 1986 (Ga. L. 1986, p. 4107), and by an Act approved March 24, 1988 (Ga. L. 1988, p. 4740), so as to change the provisions thereof relating to the appointment and removal of certain officers and employees of DeKalb County; to change provisions relating to the inclusion of certain department heads in the DeKalb County Merit System; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4547), by an Act approved March 18, 1986 (Ga. L. 1986, p. 4107), and by an Act approved March 24, 1988 (Ga. L. 1988, p. 4740), is amended by striking subsection (c) of Section 13 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Subject to confirmation by the commission, the chief executive shall appoint the executive assistant, superintendent of public works, recreation department director, finance director, public safety director, planning department director, merit system director, and the county attorney. The executive assistant shall be subject to the requirements of Section 14 of this Act. Neither the commission nor any member thereof shall be authorized to nominate persons for the office of executive assistant, finance director, public safety director, superintendent of public works, recreation department director, planning department director, merit system director, or county attorney. Within the budgetary limitations, the chief executive shall fix the compensation of the executive assistant, finance director, public safety director, superintendent of public works, recreation department director, planning department director, merit system director, and the county attorney. All six of said officers shall serve at the pleasure of the chief executive."
SECTION 2.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for

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approval or rejection. The election superintendent shall conduct the special election as soon as reasonably practicable on a date authorized under subparagraph (c)(l)(A) of Code Section 21-2-540 of the O.C.G.A. 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 DeKalb County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act changing the provision relating to the appointment and removal of certain officers of DeKalb County and the provision relating to which department heads shall be under the DeKalb County Merit System be approved?"

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 this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, this Act shall be automatically repealed on December 31, 1999.

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

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, by substitute, the ayes were 152, nays 3.

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

Representative Teper of the 61st would like to be recorded as voting "nay" on SB 207.
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 provide for an increase in the county supplement to the judges of such judicial circuit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 indebtedness and termination of the authority.

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

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

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

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 compensation 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 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, revise, and supersede the several Acts incorporating the City of Pembroke," so as to provide for council districts.

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

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

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

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change the provisions relating to the compensation of the commissioners; to provide for cost-of-living increases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 942. By Representative Shanahan of the 10th:
A bill to provide for the board of elections of Gordon County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 943. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to create the State Court of Douglas County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
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 Improvement Districts Act," so as to change the members of the boards of community improvement districts.
The following Committee substitute was read and adopted:
A BILL
To amend an Act known as the "Douglas County Community Improvement Districts Act," approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess. p. 407), by an Act approved March 31, 1992 (Ga. L. 1992, p. 5130), and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3632), so as to change the members of the boards of community improvement districts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act known as the "Douglas County Community Improvement Districts Act," approved April 4, 1991 (Ga. L. 1991, p. 3709), as amended, particularly by an Act approved September 18, 1991 (Ga. L. 1991, Ex. Sess. p. 407), by an Act approved March 31, 1992 (Ga. L. 1992, p. 5130), and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3632), is amended by striking in its entirety paragraph (2) of Section 3 and substituting a new paragraph to read as follows:
"(2) 'Board' means a governing body for a community improvement district comprised of the following:
(A) The members of the Douglas County Board of Commissioners, the mayor of the City of Douglasville, the mayor of the City of Lithia Springs, and the executive director of the Douglasville-Douglas County Water and Sewer Authority if the district is located wholly within the unincorporated area of Douglas County or if the district was in existence on January 1, 1999, and at the time such district was created it was located wholly within the unincorporated area of Douglas County, even though all or portions of such district may have been annexed into the corporate limits of a municipality;

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(B) Except as otherwise provided in subparagraph (A) of this paragraph, the mayor and members of the City Council of the City of Douglasville, the chairperson of the Douglas County Board of Commissioners, and the executive director of the Douglasville-Douglas County Water and Sewer Authority if the district is located wholly within the incorporated area of Douglasville;
(C) Except as otherwise provided in subparagraph (A) of this paragraph, the mayor and members of the City Council of the City of Lithia Springs, the chairperson of the Douglas County Board of Commissioners, and the executive director of the Douglasville-Douglas County Water and Sewer Authority if the district is located wholly within the incorporated area of Lithia Springs;
(D) Except as otherwise provided in subparagraph (A) of this paragraph, the mayor and two members of the City Council of the City of Douglasville, the chairperson and two members of the Douglas County Board of Commissioners, and the executive director of the Douglasville-Douglas County Water and Sewer Authority if the district is located partially within the unincorporated area of Douglas County and partially within the incorporated area of Douglasville. The members of the city council shall be appointed by the mayor of the City of Douglasville, and the members of the board of commissioners shall be appointed by the chairperson of the board of commissioners; or
(E) Except as otherwise provided in subparagraph (A) of this paragraph, the mayor and two members of the City Council of the City of Lithia Springs, the chairperson and two members of the Douglas County Board of Commissioners, and the executive director of the Douglasville-Douglas County Water and Sewer Authority if the district is located partially within the unincorporated area of Douglas County and partially within the incorporated area of Lithia Springs. Members of the city council shall be appointed by the mayor of the City of Lithia Springs, and members of the board of commissioners shall be appointed by the chairperson of the board of commissioners."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 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 assessed value of the homestead for certain residents of that city who are 65 years of age or older.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 949. By Representative Smith of the 91st:
A bill to provide a new charter for the Town of Buckhead.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 950. By Representative Dukes of the 161st:
A bill to provide a new charter for the City of Colquitt.

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

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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.

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

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

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

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 Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Bordeaux Y Borders Y Bridges Y Brooks
Brown
Y Buck

Buckner
Bulloch
Bunn Burkhalter Byrd Callaway Campbell Cash Channell
Childers
Clark Coan Coleman, B Coleman, T
Connell Cooper

Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T
E 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 Manner
Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree

E 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
James Y Jamieson Y Jenkins Y Jennings

1704
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 E Mills
Mobley

JOURNAL OF THE HOUSE

Y Morris Y Mosley
Mueller Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons Y Pelote
Pinholster
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
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 Sinkfleld
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 Y Smyre Y Snelling Y Snow Y Squires Y Stallings Y Stancil
Stanley, P Y Stanley-Turner Y Stephens E Stokes Y Stuckey Y Taylor

Teague Y Teper E 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
Williams, J Y Williams, E Y Wix
Yates Murphy, Spkr

On the passage of the Bills, the ayes were 145, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
Representatives Pinholster of the 15th and Roberts of the 162nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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 relating to franchises.
HB 824. By Representative Martin of the 145th:
A bill to provide a new charter for the Town of Pulaski.
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.
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.
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.

MONDAY, MARCH 15, 1999

1705

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.
HB 836. By Representative Epps of the 131st:
A bill to provide a new charter for the City of Luthersville.
HB 842. By Representatives Wix of the 33rd, Wiles of the 34th, Grindley of the 35th and others:
A bill to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the clerk of the probate court.
HB 843. By Representatives Wix of the 33rd, Ehrhart of the 36th, Sauder of the 29th 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 commissioners and the chairperson.
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 following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
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 volunteers for their heroic and selfless efforts during the 1998 tornado season and supporting their efforts for the 1999 tornado season and inviting representatives from these organizations to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:
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.
The following amendments were read and adopted:
Representatives Walker of the 141st, Skipper of the 137th and Hudson of the 156th move to amend SB 28 as follows:
By adding a new Section 3 to read as follows:

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JOURNAL OF THE HOUSE

"Nothing herein shall be construed to allow county officials or local school board officials to be included in the state employee's health insurance plan except that the appropriate agencies of state government may provide administrative services, only, for county officials and local school officials participating in various plans."
And by renumbering Sections 3 and 4 accordingly.

Representatives Bailey of the 93rd, Dodson of the 94th, Benefield of the 96th, Williams of the 114th, Barnes of the 97th and Rogers of the 20th move to amend SB 28 by inserting "juvenile court judge," after "magistrate," where it occurs on lines 11 and 20 of
page 3 and on lines 1 and 11 of page 4.

The following amendment was read:

Representative Bunn of the 74th moves to amend SB 28 as follows: P. 3 after line 33 add:

No money designated for education may be used to pay such premiums.

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

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 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
E Day Dean
Y DeLoach, B N DeLoach, G Y Dix Y Dixon N Dodson N Dukes N Ehrhart N Epps
N Evana N Everett N Felton
Floyd
Y Franklin N Golick
N Graves N Greene
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
N Irvin Y Jackson, B
N Jackson, L
N James N Jamieson N Jenkins N Jennings
N Jones
Joyce Y Kaye
N Lane N Lewis N Lord
Lucas N Maddox
Y Mann N Manning N Martin, J N Martin, J.L Y Massey N McBee N McCall Y McClinton
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 Pinholster
N Poag N Ponder N Porter N Powell N Purcell N Ragas
N Randall N Ray N Reaves N Reece Y Reed Y Reese N Reichert N Rice N Richardson
Roberts
N Rogers N Royal Y Sanders N Sauder
N Scarlett N Scheid N Scott N Shanahan N Shaw N Shipp
Sholar
N 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 Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings
Stancil
Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey N Taylor
Teague N Teper E 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 Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 32, nays 131. The amendment was lost. The following amendment was read and adopted:

MONDAY, MARCH 15, 1999

1707

Representative Coleman of the 142nd moves to amend SB 28 as follows: On line 27, page 5, continue paragraph (d) by adding the following language:

The board shall require a bond to assure the contractual performance of any entities with which it contracts under this code section.

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

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

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
Cummings
Davis, M

Y Davis, T E 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
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
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 N 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
Ray Y Reaves Y Reece Y Reed N Reese Y Reichert Y Rice Y Richardson
Roberts N 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, as amended, the ayes were 155, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 "nay" thereon. 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".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1708

JOURNAL OF 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 Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford
Cummings Y Davis, M

Y Davis, T E 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
Grindley
Y Hammontree Y Hanner Y Harbin
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
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 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 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

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 E 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 adoption of the Resolution, the ayes were 162, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Ray of the 128th and Williams of the 83rd 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 Smyre of the 136th assumed the Chair.
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.
The following substitute offered by Representatives Powell of the 23rd and West of the 101st, was read and adopted:

MONDAY, MARCH 15, 1999

1709

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; to provide an exemption for the renewal of certain leases; to change the provisions relating to fines; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to acquisitions and dispositions of hospitals, is amended by striking paragraphs (2) and (5) of Code Section 31-7-400, relating to definitions, and inserting in their respective places the following:
"(2) 'Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions:
(A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or
(B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter;
provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county; provided, further, that an acquisition does not include a restructuring of a nonprofit health system involving the purchase or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation by another nonprofit entity which is both exempt from federal income taxation and controlled by the same nonprofit parent corporation."
"(5) 'Disposition' means a sale or lease of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions:
(A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or
(B) Constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter;
provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county; provided, fur-

1710

JOURNAL OF THE HOUSE

ther, that a disposition does not include a restructuring of a nonprofit health system involving the sale or lease of the assets of a hospital controlled as of March 1, 1999, by the health system's nonprofit parent corporation to another nonprofit entity which is both exempt from federal income taxation and controlled by the same nonprofit parent corporation."
SECTION 2.
Said article is further amended by striking Code Section 31-7-409, relating to prospective operation of the article, and inserting in its place the following Code section:
"31-7-409.

(a) Any transaction completed before October 31, 1997, or any transaction that is subject to a pending definitive agreement as of October 31, 1997, and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article.
(b) Any lease which is exempted from the operation of this article pursuant to subsection (a) of this Code section and which contained, on October 31, 1997, an option to renew that lease upon its expiration shall not be subject to this article upon any renewal on or after the date this subsection becomes effective in 1999."
SECTION 3. Said article is further amended by striking Code Section 31-7-412, relating to fines, and inserting in its place the following:
"31-7-412.
(a) Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto nonprofit entity and acquiring entity engaging in such disposition or acquisition shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition.
(b) Any person knowingly and willfully making a false statement in a certification under Code Section 31-7-403 or subsection (b) of Code Section 31-7-405, in addition to any criminal penalty which may be imposed pursuant to Code Section 16-10-71, shall be" subject to a civil fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the date of the certification."
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, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 15, 1999

1711

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 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
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 0-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 Hay Y 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 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 Y league Y Teper E 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 169, nays 0.

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

The report of the Committee, which was favorable to the 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 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 E Day
Dean N 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

1712
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 N Jamieson Y Jenkins Y Jennings

JOURNAL OF THE HOUSE

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 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

Parham Parrish Parsons Pelote Pinholster Poag Ponder Porter Powell Pureell 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
Shipp Y Sholar N Sims Y Sinkfield
Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L N 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 Stephens Stokes
Stuckey
Taylor
Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, E.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 6.
The Bill, having received the requisite constitutional majority, was passed. 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 Annotated, 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 electronic signatures; to provide for exceptions.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," so as to change the provisions relating to definitions; to provide for the legal effect, validity, and admissibility of electronic records, electronic signatures, and secure electronic signatures; to provide for contesting an electronic record or signature on the basis of fraud; to provide for compliance with rules of evidence requiring authentication or identification of a record or signature; to provide for burden of proof; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Electronic Records and Signatures Act," is amended by striking Code Sections 10-12-3 and 10-12-4, which read as follows:
"10-12-3.
As used in this chapter the term:

MONDAY, MARCH 15, 1999

1713

(1) 'Electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.

(1.1) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions.

(2) 'Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 'Record' includes both electronic records and printed, typewritten, and tangible records.
10-12-4.

Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is executed or adopted with an electronic signature and, where that acceptance or agreement is otherwise required to be witnessed or notarized, which is witnessed or notarized using an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record as provided in this Code section, then:

(1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied;

(2) Any rule of law which requires a signature shall be deemed satisfied; and

(3) Any rule of law which requires a witness or notary shall be deemed satisfied by the electronic signature of such witness or notary.",

and inserting in their place the following: "10-12-3.

As used in this chapter the term:

(1) 'Electronic' means, without limitation, analog, digital, electronic, magnetic, mechanical, optical, chemical, electromagnetic, electromechanical, electrochemical, or other similar means.

(2) 'Electronic record' means information created, transmitted, received, or stored by electronic means and retrievable in human perceivable form.

(3) 'Electronic signature' means a signature created, transmitted, received, or stored by electronic means and includes but is not limited to a secure electronic signature.

(4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions.

(5) 'Record' means information created, transmitted, received, or stored either in human perceivable form or in a form that is retrievable in human perceivable form.

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(6) 'Secure electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated.

(7) 'Signature' means any symbol or method that a person causes to be attached to or logically associated with a record with the intent to sign such record.
10-12-4.

(a) Records and signatures shall not be denied legal effect or validity solely on the grounds that they are electronic.

(b) In any legal proceeding, an electronic record or electronic signature shall not be inadmissible as evidence solely on the basis that it is electronic.

(c) When a rule of law requires a writing, an electronic record satisfies that rule of law.

(d) When a rule of law requires a signature, an electronic signature satisfies that rule of law.

(e) When a rule of law requires an original record or signature, an electronic record or electronic signature shall satisfy such rule of law.
(f) Nothing in this Code section shall prevent a party from contesting an electronic record or signature on the basis of fraud.

(g) Nothing in this Code section shall relieve any party to a legal proceeding from complying with applicable rules of evidence requiring authentication or identification of a record or signature as a condition precedent to its admission into evidence.
(h) Where the authenticity or the integrity of an electronic record or signature is challenged in a court of law, the proponent of the electronic record or signature shall have the burden of proving that the electronic record or signature is authentic.

(i) Notwithstanding the preceding subsections of this Code section, the legal validity, effect, and admissibility of electronic records and electronic signatures shall be limited as follows:

(1) Each department, agency, authority, or instrumentality of the state or its political subdivisions shall determine how and the extent to which it will create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures. Nothing in this chapter shall be construed to require any department, agency, authority, or instrumentality of the state or its political subdivisions to create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures;
(2) A consumer shall not be required to create, send, receive, recognize, accept, be bound by, or otherwise use electronic records or electronic signatures without such consumer's consent. This paragraph shall apply to natural persons when engaged in transactions involving money, property, or services primarily used for household purposes; and

MONDAY, MARCH 15, 1999

1715

(3) The provisions of this Code section shall not apply to any rule of law governing the creation or execution of a will or testamentary or donative trust, living will, or health care power of attorney, or to any record that serves as a unique and transferable physical token of rights and obligations, including, without limitation, negotiable instruments and instruments of title wherein possession of the instrument is deemed to confer title.

(j) Any rule of law which requires a notary shall be deemed satisfied by the secure electronic signature of such notary."

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 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 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 E 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

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 Y 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
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 passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute. 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,

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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.
The following Committee substitute was read:
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; to require notices by the Commissioner of Insurance; to provide for the approval of sureties; to provide for forms; to provide for additional bonds in certain circumstances; to provide for and to change certain provisions relating to reports of sales and purchases; to provide for the revocation of licenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, is amended by striking Code Section 2-9-5, relating to bonds required for dealers in agricultural products, and inserting in its place the following:
"2-9-5.

Before any license is issued the applicant shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be kj-thc amount of at least $l,000.-06-ef in such greater amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of business done products purchased from Georgia producers or estimated to be done purchased in any month by the applicant. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 2-9-34, relating to bonds required for grain dealers, and inserting in its place the following:

MONDAY, MARCH 15, 1999

1717

"(a) Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $150,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing* issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."
SECTION 3.
Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers and auctions, is amended by striking Code Section 4-6-3, relating to licenses, fees, terms, and bonds of livestock market operators, livestock dealers, and livestock brokers, and inserting in its place the following:
"4-6-3.

No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. No livestock dealer or broker who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. There shall be no fee for such license. No such license shall be issued to any person unless the applicant therefor furnishes to the Commissioner the required bond. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing* issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful performance of such person's obligations as a livestock market operator, livestock dealer, or livestock broker under this article and the rules and regulations prescribed under this article. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if ff the bond of a dealer, broker, or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing."

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SECTION 4.
Said chapter is further amended by striking Code Section 4-6-49, relating to annual reports of sales and purchases of livestock sales establishments and dealers and proof of compliance with bonding requirements, and inserting in its place the following:
"4-6-49.

It shall be the duty of each sales establishment to report to the Commissioner not later than March 31 of each year the last day of the third month following the close of the establishment's fiscal year the total sales of such establishment for the preceding calendar fiscal year. It shall be the duty of each dealer to report to the Commissioner not later than March 31 of each year the last day of the third month following the close of the dealer's fiscal year the total purehaae purchases of such dealer for the preceding calendar fiscal year. The Commissioner may prescribe the form of such reports. At the time the report is made, each sales establishment and dealer shall submit proof to the Commissioner of compliance with the bonding requirements of this chapter. The failure to submit the information required in this Code section shall be sufficient grounds to revoke the license of any such sales establishment or dealer."
SECTION 5.
Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," is amended by striking Code Section 10-4-12, relating to required bonds of warehousemen and additional bonds, and inserting in its place the following:
"10-4-12.

(a) Every person intending to engage in business as a warehouseman under this article shall, prior to commencing such business and periodically thereafter as the Commissioner shall require, execute and file with the Commissioner a good and sufficient bond to the state to secure the faithful performance of his or her obligation as a warehouseman under the terms of this article and the rules and regulations prescribed under this article, such bond to be computed in direct ratio to the licensed storage capacity of the warehouse bonded. The bond shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Such bond shall be upon forms prescribed by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The Commissioner shall have authority to fix the bond for any part of licensed storage capacity of the warehouse being used; but in no event shall the amount of the bond be required to exceed 12 percent of the value of the products stored and the bond shall be in such form and amount and shall have such surety or sureties, subject to service of process in actions on the bonds with this state, as the Commissioner may prescribe; provided, however, the minimum bond to be posted for each warehouse shall be $20,000.00 and the maximum bond to be required for each warehouse shall be $150,000.00.
(b) If a warehouseman is also a grain dealer, the amount of the required bond shall be the greater of the bond required by subsection (a) of this Code section or the bond required under Code Section 2-9-34 for grain dealers who are not licensed under this article.
(c) Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, tee the Commissioner may require an additional bond or bonds to be given by the warehouseman concerned, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within

MONDAY, MARCH 15, 1999

1719

the time fixed by a written demand therefor, or if the bond of the warehouseman is canceled, the license of such warehouseman shall be immediately revoked by operation of law without notice or hearing. Code Sections 10-4-6 and 10-4-7 shall apply to this as well as all other Code sections of this article."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Floyd of the 138th moves to amend the Committee substitute to SB 10 by striking line 7 of page 1 and inserting in lieu thereof the following:
"State Warehouse Act,' so as to redefine the term 'agricultural products' as used in Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products generally; to include baled cotton prior to warehousing; to provide for requirements and restrictions related to cotton, the ginning of cotton, and transfers and sales of cotton; to change the provisions". By inserting between lines 21 and 22 of page 1 the following: "amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions relative to dealers in agricultural products generally and inserting in lieu thereof the following:
'(1) "Agricultural products" includes fruits, vegetables, eggs, and- pecans, and baled cotton prior to warehousing but does not include dairy products, unbaled or warehoused cotton, tobacco, grains, and other basic farm crops.'
SECTION 2. Said chapter is further". By striking lines 5 and 6 of page 2 and inserting in lieu thereof the following:
"purchased from or sold for Georgia producers or estimated to be deae purchased or sold in any month by the applicant or in the case of cotton gins not to excee3 $150,000.00. Such bond shall". By redesignating Sections 2 through 6 as Sections 4 through 8, respectively. By inserting between lines 23 and 24 of page 2 a new Section 3 to read as follows:
"SECTION 3. Said chapter is further amended by adding a new Code Section 2-9-9.1 to read as follows:
'2-9-9.1.

Upon ginning cotton into bales, the ginner shall assign each bale a permanent bale identification number. No bale shall be removed from a gin except when accompanied by a cotton bale voucher issued by the gin, containing the permanent bale identification number and issued in the name of the cotton producer. Except for removal to a bonded warehouse in the name of the cotton producer, transfers or sales from the cotton producer after ginning shall be endorsed by his or her signature on the cotton bale voucher or forms authorized by the Commissioner of Agriculture. .
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.

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JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
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 E 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 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 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
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 E 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 172, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and others:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payments by the Claims Advisory Board and the state department or agency affected.

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

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

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

Y Borders Y Bridges N 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
E 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
Floyd N Franklin Y Golick Y Graves Y Greene

Y Grindley Y Hammontree Y Banner Y Harbin N Harrell Y Heard Y Heckatall 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 Y Jackson, L N James Y Jamieson Y Jenkins Y Jennings

MONDAY, MARCH 15, 1999

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

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

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

1721
N Stanley-Turner Stephens
N Stokes N Stuckey N Taylor
Teague Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.L Watson West Westmoreland Whitaker Wiles Y Williams, J Y Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 135, nays 37.

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

Representative Dukes of the 161st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 9.
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.

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

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
Y Dixon Y Dodson Y Dukes Y Ehrhart
Y Epps Y Evans
Everett Y Felton

1722
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hamxnontree 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

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 Craeal 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
Rogers
Y 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 Smyre Y Snelling Y Snow Y Squires Y Stallings
Y Stancil

Y Stanley, P Y Stanley-Turner
Stephens Y Stokes Y Stuckey
Y Taylor Y Teague Y Teper
E 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 167, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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 496 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: HR 496. By Representatives Birdsong of the 123rd, Randall of the 127th and Lucas of
the 124th: A resolution commending the Wilkinson County High School Warriors Basketball Team and inviting them to appear before the House of Representatives.
The following substitute, offered by Representative Birdsong of the 123rd, was read and adopted:
A RESOLUTION
Commending the Wilkinson County High School Warriors Basketball Team and inviting them to appear before the House of Representatives; and for other purposes.

MONDAY, MARCH 15, 1999

1723

WHEREAS, the Wilkinson County High School Warriors Basketball Team has completed an outstanding season winning the State A Boys Basketball Championship; and
WHEREAS, the Warriors, led by starting players Xavier Whipple, Rod Whipple, Kevin Lowder, Travares Veal, and Anthony Wilcher, compiled the remarkable record of 28 wins and three losses against strong opponents; and
WHEREAS, the members of this team displayed amazing offensive and defensive talents and outstanding rebounding ability; and
WHEREAS, their magnificent season of play was climaxed by a 61-52 victory over East Laurens High School; and
WHEREAS, the Warriors have brought great honor and recognition to their school and to their community; and
WHEREAS, the admirable record compiled by this team can only be attributed to the dedication, drive, and outstanding physical conditioning of the members of the team and to the exceptional coaching ability of their coach, Dr. Aaron Geter, Jr., and his assistants, Erwin Knight, Kenneth Price, and John Home.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body commends and congratulates the Wilkinson County High School Warriors Basketball Team for its amazing season and especially for winning the State A Boys Basketball Championship.
BE IT FURTHER RESOLVED that Coach Aaron Geter and the Wilkinson County High School Warriors Basketball Team are invited to appear before the House of Representatives on Monday, March 15, 1999, or on an appropriate day and at a time designated by the Speaker of the House.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Coach Aaron Geter and Principal/Athletic Director Terry Sark of Wilkinson County High School.

The Resolution was adopted, by substitute.
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

SB 29 Do Pass, by Substitute SB 100 Do Pass, by Substitute SB 133 Do Pass, by Substitute

SB 150 Do Pass SB 241 Do Pass, as Amended

Respectfully submitted, lal Childers of the 13th
Chairman

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

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JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 20 Do Pass, by Substitute SB 103 Do Pass SB 220 Do Pass
Respectfully submitted, /s/ Martin of the 47th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 106 Do Pass SB 240 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, MARCH 16, 1999

1725

Representative Hall, Atlanta, Georgia Tuesday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Fred Jones, Esq. Pastor, The Advocates of Christ Ministries, 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.
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 993. By Representatives Bannister of the 77th, Williams of the 83rd, Mann of
the 5th and Davis of the 60th: A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school student discipline, so as to authorize local boards of education to require random testing for drugs, alcohol, tobacco, or any combination thereof as a condition for participation in school extracurricular activities. Referred to the Committee on Education.
HB 994. By Representatives Bannister of the 77th, Mann of the 5th and Davis of the 60th: A bill to amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, 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.

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JOURNAL OF THE HOUSE

HB 995. By Representative 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 provide for an exemption with respect to the sale or use of certain digital broadcast equipment.
Referred to the Committee on Ways & Means.
HB 996. By Representatives Sauder of the 29th, Cooper of the 31st, Scarlett of the 174th, Day of the 153rd, Parsons of the 40th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to authorize campus policemen of the University System of Georgia, campus policemen employed by certain public and private educational institutions of higher learning and schools or training facilities operated under the authority of the State Board of Education, and school security personnel employed by public school systems to exercise the same law enforcement powers as county law enforcement officers.
Referred to the Committee on Public Safety.
HB 997. By Representatives Jones of the 71st, Teper of the 61st and Watson of the 70th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board of General Contractors.
Referred to the Committee on Industry.
HB 998. By Representatives Hegstrom of the 66th, Orrock of the 56th, Teper of the 61st, Mobley of the 69th, McClinton of the 68th and others:
A bill to amend Chapter 11 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of hazardous materials, so as to provide for comprehensive regulation by the Public Service Commission of the transportation of spent nuclear fuel and high-level radioactive waste for the protection of elderly Georgians.
Referred to the Committee on Public Safety.
HB 999. By Representatives Cummings of the 27th, Shanahan of the 10th and Coleman of the 80th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retirement system.
Referred to the Committee on Retirement.
HB 1000. By Representative Smith of the 169th:
A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce 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.

TUESDAY, MARCH 16, 1999

1727

HB 1001. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1002. By Representatives Wiles of the 34th, Franklin of the 39th, 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 provisions relating to the filling of a vacancy in the office of solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st and Tolbert of the 25th: A bill to create the Hall County Commission for Children and Families.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1004. By Representatives Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the provisions relating to compensation of members of the authority and powers of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1005. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1006. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th:
A bill to amend an Act creating the State Court of Clayton County, so as to abolish the office of the deputy clerk of the state court; to provide for the appointment, service, term, discharge, benefits, and compensation of the clerk of the state court rather than the service of the clerk of the superior court as the clerk of the state court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1007. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1008. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, so as to change the compensation of the chairperson and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1011. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the expense allowance of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

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1729

HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1016. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1017. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairperson, secretary, and other members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1018. By Representatives Walker of the 87th and Unterman of the 84th: A bill to reconstitute the Board of Commissioners of Walton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1019. By Representative Smith of the 91st: A bill to provide for the compensation of the Oconee County board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1020. By Representatives Mills of the 21st, Coan of the 82nd, Rice of the 79th, Callaway of the 81st, Massey of the 86th and others:
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 assessed value of that homestead for residents of the City of Buford; to provide for a homestead exemption from certain City of Buford independent school district taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead for residents of that school district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1021. By Representatives Coan of the 82nd, Coleman of the 80th, Unterman of the 84th, Squires of the 78th, Massey of the 86th and others: A bill to create the Springbrook Golf Course Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

HB 1022. By Representative Coleman of the 142nd:
A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary procedure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1023. 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 for county 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1024. 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 and City of Savannah School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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.

HR 522. By Representatives Buckner of the 95th, Cooper of the 31st, Heard of the 89th, Childers of the 13th, Manning of the 32nd and others:
A resolution urging His Excellency Governor Roy E. Barnes to direct appropriate state officials to monitor lengths of stays and appropriateness of discharges from inpatient treatment for patients who have undergone mastectomies, lymph node dissections, or prostate surgery.
Referred to the Committee on Health & Ecology.

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

HB 975 HB 976 HB 977 HB 978 HB 980 HB 981 HB 982 HB 983 HB 984

HB 985 HB 986 HB 987 HB 988 HB 989 HB 990 HB 991 HB 992

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

TUESDAY, MAECH 16, 1999

1731

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 following recommendation:
SB 222 Do Pass, as Amended
Respectfully submitted, /s/ Smith of the 109th
Chairman
Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 236 Do Pass, by Substitute SB 256 Do Pass
Respectfully submitted, /s/ Parham of the 122nd
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 242 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:
HR 373 Do Pass HR 442 Do Pass HR 498 Do Pass

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JOURNAL OF THE HOUSE

Respectfully submitted, Isl 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 63 Do Pass SB 113 Do Pass, as Amended SB 163 Do Pass
Respectfully submitted, lal Randall of the 127th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 745 Do Pass HB 952 Do Pass HB 953 Do Pass HB 954 Do Pass HB 955 Do Pass HB 956 Do Pass HB 957 Do Pass HB 960 Do Pass HB 961 Do Pass
HB 962 Do Pass

HB 963 Do Pass HB 966 Do Pass HB 968 Do Pass HB 970 Do Pass HB 972 Do Pass HB 973 Do Pass HB 974 Do Pass HB 979 Do Pass SB 215 Do Pass, by Substitute

Respectfully submitted, Isl Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 16, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enumerated below:

HR 378 "Richard B. Russell National School Lunch Act"; urge Congress name

SB 13 Local Governing Authorities - volunteer firemen as members (Crotts of the 17th)

TUESDAY, MARCH 16, 1999

1733

SB 64 Bye Banks - definitions, entities which may establish (Egan of the 40th)
SB 105 Sexual Offender Registry - resident convicted in another state (Kemp of the 3rd)
SB 109 Senatorial Districts 34 & 44 - description (Walker of the 22nd)
SB 117 Towaliga Judicial Circuit - create (Crotts of the 17th)
SB 143 Teachers Ret. - reimbursement to sys. for wrongfully pd. benefits (Huggins of the 53rd)
SR 77 Marshall Shirah Memorial Bridge - designate (Kemp of the 3rd)
SR 101 Polk Co. - annex cert, property into Rockmart corporate limits (Dean of the 31st)
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, HB 745 was withdrawn from the Local Calendar and recommitted.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 952. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Stephens of the 150th and others:
A bill to provide for a homestead exemption from certain City of Thunderbolt 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 adjusted 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 953. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change from four to two the number of annual terms of said court; to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 954. By Representatives Stallings of the 100th and West of the 101st:
A bill to repeal an Act creating the Mclntosh Reserve Historical Authority.

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

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JOURNAL OF THE HOUSE

HB 955. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 956. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the provisions relating to the compensation of the chairperson and members of the Griffin-Spalding County Board of Education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 957. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act increasing the homestead exemption from certain ad valorem taxes levied by Forsyth County for county purposes, so as to increase the amount of such exemption over a three-year period; to amend an Act providing a homestead exemption from Forsyth County ad valorem taxes for county ad valorem taxes for county purposes for certain residents 65 years or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 960. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating a new charter for the City of Gumming, so as to create the Municipal Court of the City of Gumming in lieu of the Police Court of the City of Gumming.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 961. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 962. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 963. By Representative Jamieson of the 22nd:
A bill to amend an Act granting a new charter to the City of Lavonia, so as to change and extend the corporate limits of such city.

TUESDAY, MARCH 16, 1999

1735

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 966. By Representative Greene of the 158th:
A bill to provide a homestead exemption from City of Cusseta ad valorem taxes for city purposes, including taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of that city who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 968. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to provide a new charter for the City of Douglasville.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 970. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to provide a new charter for the City of Lithia Springs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 972. By Representative Jenkins of the 110th:
A bill to create the Jasper County Water and Sewer Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 973. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 974. By Representative Jenkins of the 110th:
A bill to provide a homestead exemption from certain Monroe County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county and a homestead exemption from Monroe County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 979. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th:
A bill to amend an Act providing for the compensation of certain public officials and judicial officers in Chatham County, so as to change the compensation of the chairperson and members of the Board of Commissioners of Chatham County.

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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.

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
Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield N Birdsong
Bohannon 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 Y Coleman, B Y Coleman, T Connell Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T E 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 Golkk Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall Hegstrom Y Hembree E Henson 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 E 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 Y Mobley Y Morris Y Mosley
Mueller Y O-Neal
Orrock Parham Y Parrish Y Parsons

E 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 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
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
Teague Y Teper E 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 139, nays 1.
The Bills, having received the requisite constitutional majority, were passed.
SB 215. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws relating to the establishment of a merit system in DeKalb County for employees 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.
The following Committee substitute was read and adopted:

TUESDAY, MARCH 16, 1999

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A BILL
To amend an Act revising, superseding, and consolidating the laws relating to the establishment of a merit system in DeKalb County for employees of DeKalb County, approved March 6, 1956 (Ga. L. 1956, p. 3111), 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act revising, superseding, and consolidating the laws relating to the establishment of a merit system in DeKalb County for employees of DeKalb County, approved March 6, 1956 (Ga. L. 1956, p. 3111), as amended, is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) All employees of DeKalb County may be placed under said merit system except: all elected officials; all deputies of the sheriff and tax commissioner; the marshal, clerk, and deputy clerks and deputy marshals of the Civil Court of DeKalb County; the assistant solicitors-general, and the assistant solicitors of the City Court of Decatur; county attorney, assistant county attorneys; all deputies of the clerk of superior court; the court reporters for the superior court, City Court of Decatur, and Civil Court of DeKalb County; the clerk and deputy clerk of the ordinary; the warden of DeKalb County; superintendent of public works; public safety director; recreation department director; planning department director; merit system director; and the comptroller or director of finance."
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 ayes were 93, nays 47.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Teper of the 61st would like to be recorded as voting "nay" on SB 215.
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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JOURNAL OP THE HOUSE

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.
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.
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.
HB 292. By Representatives Skipper of the 137th, Greene of the 158th, James of the 140th and Banner 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.
HB 297. By Representatives Parrish of the 144th, Stallings of the 100th, James of the 140th 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.
HB 330. By Representatives Howard of the 118th, Smyre of the 136th, Alien of the 117th 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.
HB 371. By Representatives Martin of the 47th, Tolbert of the 25th, Alien of the 117th 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.
HB 478. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
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.

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1739

HB 483. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
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.
HB 484. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
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.
HB 688. By Representative Martin of the 47th:
A bill to amend an Act creating a State Court of Fulton County by consolidating 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.
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.
HB 839. By Representative Dukes of the 161st:
A bill to provide a new charter for the City of Newton.
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.
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 expense allowance of the chairperson and other members of the board of commissioners.
HB 860. By Representatives Manning of the 32nd, 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 clerk and the chief deputy clerk of the State Court of Cobb County.
HB 867. By Representatives Shipp of the 38th, Grindley of the 35th, Golick of the 30th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the corporate limits of said city.
HB 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 Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:

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JOURNAL 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.
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 Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 477. By Representatives Dean of the 48th, Holmes of the 53rd, Sinkfield of the 57th and others:
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.

Representative Lucas of the 124th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the Senate:
SB 9. By Senators Dean of the 31st, Hill of the 4th, Johnson of the 2nd and others:
A bill to amend Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to the Claims Advisory Board, so as to exclude certain small claims from payments by the Claims Advisory Board and the state department or agency affected.

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

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

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

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

N Lewis N Lord Y Lucas
Maddox
N Mann N Manning
Martin, J N Martin, J.L N Massey N McBee N McCall Y McClinton Y McKinney N Millar N Mills Y Mobley N Morris N Mosley
Mueller N Cmeal
Orrock
Parham N Parrish N Parsons E Pelote N Pinholster N Poag N Ponder

Y Porter
N Powell
N Purcell Y Ragas Y Randall N Ray
Reaves Y 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 N Shaw N Shipp Y Sholar N Sims Y Sinkfield
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

TUESDAY, MARCH 16, 1999

Smyre N Snelling N Snow N Squires N Stallings N Stancil
Stanley, P
Stanley-Turner

N Stephens
N Stokes Y Stuckey Y Taylor
Teague Y Teper Y Tillman N Tolbert

N Trense
Y Turnquest N Twiggs N Untermian N Walker, L N Walker, R.L Y Watson
N West

1741
Westmoreland Whitaker N Wiles Williams, J N Williams, R N Wix N Yates Murphy, Spkr

On the motion, the ayes were 40, nays 110.
The motion was lost.
The following Resolution of the House was read and referred to the Committee on Rules: HR 523. By Representatives Murphy of the 18th, Cummings of the 27th, Smith of the
12th and Childers of the 13th: A resolution commending SAFE KIDS of Georgia in Polk County and inviting Coordinator Eydie Davis and representatives of the coalition to appear before the House of Representatives.
The following Resolutions of the House were read and adopted: HR 521. By Representative Dix of the 76th:
A resolution commending Steven Wayne Alien, Jr., on becoming an Eagle Scout. HR 524. By Representatives Franklin of the 39th and Kaye of the 37th: A resolution commending the Alan C. Pope High School Lady Greyhound basketball team. HR 525. By Representative O'Neal of the 75th: A resolution recognizing and commending David Gantt. HR 526. By Representative Sauder of the 29th: A resolution honoring Mr. and Mrs. Morris J. Blackwell on the occasion of their golden wedding anniversary. HR 527. By Representative Channell of the lllth: A resolution commending Stevie Young. HR 528. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd and others: A resolution recognizing and commending Dr. Jack C. Hughston. HR 529. By Representative Channell of the lllth: A resolution commending Jimmy Tyson. HR 530. By Representative Channell of the lllth: A resolution commending Julie Crowe. HR 531. By Representative Channell of the lllth: A resolution commending Shirley Bush. HR 532. By Representative Channell of the lllth: A resolution commending Nina Key. HR 533. By Representative Channell of the lllth: A resolution commending Rick Daniel. HR 534. By Representative Channell of the lllth: A resolution commending Sheila Layson.

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JOURNAL OF THE HOUSE

HR 535. By Representative Channell of the lllth: A resolution commending David Hudson.
HR 536. By Representative Channell of the lllth: A resolution commending Windee Little.
HR 537. By Representative Channell of the lllth: A resolution commending Laura Thompson.
HR 538. By Representative Channell of the lllth: A resolution commending Harry Reid.
HR 539. By Representative Channell of the lllth: A resolution commending Shelby Storey.
HR 540. By Representative Channell of the lllth: A resolution commending Vickie Stanford.
HR 541. By Representative Channell of the lllth: A resolution commending Ralph Perdomo.
HR 542. By Representative Channell of the lllth: A resolution commending Dennis Hallman.
HR 543. By Representative Channell of the lllth: A resolution commending Terry Embry.
HR 544. By Representative Channell of the lllth: A resolution commending Keith Beall.
HR 545. By Representative Channell of the lllth: A resolution commending Howard McMichael, Jr.
HR 546. By Representative Channell of the lllth: A resolution commending Tare Morris.
HR 547. By Representative Channell of the lllth: A resolution commending Mike Mixon.
HR 548. By Representative Channell of the lllth: A resolution commending Tom Howell.
HR 549. By Representative Channell of the lllth: A resolution commending Larry Grizzard.
HR 550. By Representative Channell of the lllth: A resolution commending Anthony Gorley.
HR 551. By Representative Channell of the lllth: A resolution commending Linda Ervin.
HR 552. By Representative Channell of the lllth: A resolution commending Rebecca McMichael.
HR 553. By Representative Sholar of the 179th: A resolution recognizing and commending Bobby Dave Mitchell, Jr.
HR 554. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Mrs. Amy Denty.
HR 555. By Representative Smith of the 169th: A resolution recognizing the honorary name of County Road 338 in Bacon County as the Adolph C. Johnson Road and urging that a sign be erected be-

TUESDAY, MARCH 16, 1999

1743

low the official name of Corinth Church Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of Adolph C. Johnson".
HR 556. By Representatives Yates of the 106th and Sanders of the 107th:
A resolution commending Mrs. Louise Warren on a lifetime devoted to education.
HR 557. By Representative Reichert of the 126th:
A resolution recognizing the Georgia Association of Drug Court Professionals and National Drug Court Week, June 1-7, 1999.
HR 558. By Representative Whitaker of the 7th:
A resolution commending the Fannin County High School Lady Rebels basketball team.
HR 559. By Representative Whitaker of the 7th:
A resolution recognizing the Pannin County Recreation Department nine and ten year old girls basketball team.
HR 560. By Representative McClinton of the 68th:
A resolution recognizing and commending Mariam Boswell.
HR 561. By Representative McClinton of the 68th:
A resolution recognizing and commending Darrell Holmes.
HR 562. By Representative McClinton of the 68th:
A resolution recognizing and commending William Arnold.
HR 563. By Representative Martin of the 47th:
A resolution commending the members of the Georgia Task Force on AIDS.
HR 564. By Representative Martin of the 47th:
A resolution commending J. Ted Holloway, M.D.
HR 565. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th:
A resolution expressing congratulations to the family on the birth of Alexander Patrick Johnson.
HR 566. By Representatives Mueller of the 152nd, Bordeaux of the 151st, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th:
A resolution congratulating the Southside Savannah Raiders.
HR 567. By Representative Reese of the 85th:
A resolution commending the Buford High School Girls Basketball Team.
HR 568. By Representatives Floyd of the 138th, Sauder of the 29th, Shipp of the 38th, Hanner of the 159th, Rogers of the 20th and others:
A resolution commending Keith R. Breedlove.
HR 569. By Representative Pelote of the 149th:
A resolution commending Rev. Gregory Vaughn Eason, Sr.
HR 570. By Representatives Orrock of the 56th, Hegstrom of the 66th, Harrell of the 62nd and Turnquest of the 73rd:
A resolution recognizing the third Women's World Cup, the premier international women's soccer tournament to be hosted by the United States, JuneJuly 1999.

1744

JOUKNAL OF THE HOUSE

HE 571. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 270 in Bacon County as the Titus Lavon Altaian Road and urging that a sign be erected below the official name of Wren Road given by the board of commissioners of Bacon County which would read as follows; "In Honor of Titus Lavon Altaian".
HR 572. By Representatives Jackson of the 148th, Teper of the 61st, McKinney of the 51st, Jones of the 71st, Porter of the 143rd and others:
A resolution commending Ouida Roberts Lamar.
HR 573. By Representative Greene of the 158th:
A resolution commending and congratulating Patricia Goodman.
HR 574. By Representative Smith of the 109th:
A resolution commending the Jackson High School Red Regiment Marching Band.
HR 575. By Representatives Sauder of the 29th, Williams of the 114th, Shipp of the 38th, Murphy of the 18th, Burkhalter of the 41st and others:
A resolution commending John A. Williams.
HR 576. By Representative Birdsong of the 123rd:
A resolution commending Ms. Beverly Clark.
HR 579. By Representative Pelote of the 149th:
A resolution commending the SkyeLite Jazz Band of Savannah Arts Academy.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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 following Senate substitute was read:

A BILL
To amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the provisions relating to the compensation and expenses of the members of the board; to provide for itemized, verified accounts of expenses; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"SECTION 8.
(a) The chairperson of the board of commissioners shall receive an annual base salary of $7,800.00 payable in equal monthly installments from the funds of Twiggs County.

TUESDAY, MARCH 16, 1999

1745

(b) Each member of the board other than the chairperson shall receive an annual base salary of $5,400.00 payable in equal monthly installments from the funds of Twiggs County."
SECTION 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows:
"SECTION 9.
(a) Except as otherwise provided in subsection (b) of this section, in addition to compensation provided for in Section 8 of this Act, the chairperson and other members of the board shall be reimbursed for actual expenses, including expenses for lodging and meals, incurred by them in carrying out their official duties within and outside the county, but within the state, including attendance at seminars or other training meetings for county officials; provided, however, that the chairperson and other members shall be required to submit to the board an itemized, verified account of any such expenses; and provided, further, that except as otherwise provided in subsection (b) of this section, neither the chairperson nor any other member of the board shall be reimbursed more than $1,800.00 per annum for actual expenses incurred in carrying out his or her duties. When using their personal automobiles in traveling on official business outside the county, the chairperson and all other members shall be reimbursed for travel expenses at the legal mileage rate authorized under Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended. All expenses provided for in this section shall be paid from the funds of Twiggs County.
(b) A member of the board of commissioners, including the chairperson, may expend additional funds paid from county funds in the case of an emergency, incurring additional travel expense, or some other cause, provided that such expenditure of funds is approved by a majority of the members of the board of commissioners."
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.
Representative Birdsong of the 123rd moved that the House agree to the Senate substitute to HB 555.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1746

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 Y Bailey Y Bannister
Y Barnard Y Barnes Y Benefield Y Birdaong Y Bohannon Y Bordeaux Y Borders
Y Bridges Y Brooks Y Brown
Y Buck Buckner
Y Bulloch Y Bunn Y Burkhalter
Y Byrd 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

Davis, T Day Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes Ehrhart Epos 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
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins
Y Jennings
E 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 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 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
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, R
Wix Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 148, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

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.
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 Annotated, relating to the effect of the restoration to service on retirement allowances under the Teachers Retirement System of Georgia, so as to provide for the reimbursement to the retirement system of benefits wrongfully paid.

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

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

N Alien N Anderson Y Ashe Y Bailey
Bannister Y Barnard Y Barnes

Benefield Birdsong Bohannon Bordeaux Borders
Bridges Brooks

Brown Buck Buckner
Bulloch Bunn Burkhalter Byrd

N Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan

Coleman, B Coleman, T Connell
Cooper Cox Crawford Cummings

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 Y Evans
Y Everett Y Felton Y Floyd Y Franklin Y Golick
Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Hegstrom Y Hembree

TUESDAY, MARCH 16, 1999

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 E Jones
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 O'Neal
Orrock
Parham
Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Ponder
Porter
Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed Y Reese

Y Keichert
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 Smith, C.W
Y Smith, L Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow

1747
Y Squires Y Stallings Y Stand)
Stanley, P Stanley-Turner Y Stephens Y Stokes 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 E Westmoreland Whitaker Y Wiles Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 142, nays 4.

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

The report of the Committee, which was favorable to the 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
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 Guilders Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
E Cox Y Crawford Y Cummings Y Davis, M Y Davis, T E Day
Dean Y DeLoach, B

Y DeLoach, G E 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
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 Y Jenkins Y Jennings

E 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 Y McClinton
McKinney Y Millar Y Mills Y Mobley

1748
Y Morris Y Mosley Y Mueller Y OTJeal
Orrock Y Parham Y Parrish Y Parsons E Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

JOURNAL OF THE HOUSE

Y Randall 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
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
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
Walker, L Y Walker, R.L Y Watson Y West E 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 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.
The following substitute, offered by Representative Smith of the 169th, was read and adopted:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of senatorial districts 34 and 44 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of senatorial districts 34 and 44 attached to this Act and made a part hereof and further identified as: "Operator: state Client: senate Plan: s34s44am."
SECTION 2.
This Act shall become effective upon the first day after its approval by the Governor or its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
District No. 34 OLAYTON Tract: 0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224

TUESDAY, MARCH 16, 1999

1749

Tract: 0405.04 Block Group: 2 Block: 330C, 333C, 334 Block Group: 4
Tract: 0405.05 Block: That part of 221A which lies outside the corporate limits of the City of Riverdale as of January 1, 1999 Block: 221B, 221C, 221D, 224B, 225, 301B, 302, 303, 304, 305, 306, 307, 308, 309, 310D, 311, 312, 313 Block Group: 4 Block Group: 5 Block: 601A, 601B, 602, 603, 604, 605, 606, 607, 608, 609A, 609B, 610A, 611, 612, 613, 614
Tract: 0405.06 Block Group: 3
Tract: 0405.07 Tract: 0405.08 Tract: 0406.03
Block Group: 1 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0406.04 Block Group: 2 Block: 303, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338A, 338B, 341, 402A, 405, 416, 504 Tract: 0406.05 Block Group: 2 Block Group: 3 Block: 403, 404, 405, 406, 407, 411, 412, 413, 504, 506, 514, 515, 516 Tract: 0406.06 Tract: 0406.07 Tract: 0406.08 DOUGLAS Tract: 0801.98 Tract: 0802. Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228 Block Group: 3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract: 0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0806.02 Tract: 0807.97 FAYETTE Tract: 1401.01 Tract: 1401.02 Tract: 1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 401, 402, 403B, 403C, 406, 407, 501B, 502B, 502C, 502D, 504, 505, 506B, Block: 508B

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JOURNAL OF THE HOUSE

Tract: 1404.01 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A
Block Group: 5 Tract: 1404.02 Block Group: 1 Block Group: 2 Block Group: 3
FULTON Tract: 0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840 Tract: 0104.
District No. 44 CLAYTON Tract: 0401. Tract: 0402. Tract: 0403.01 Tract: 0403.02 Tract: 0403.03 Tract: 0403.04 Tract: 0403.05 Tract: 0404.01 Tract: 0404.02 Tract: 0404.03 Block Group: 1 Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213, 214C, 215, 216, 219, 225, 226, 227, 228, 229 Block Group: 3 Block Group: 4 Tract: 0404.05 Tract: 0404.06 Tract: 0405.03 Tract: 0405.04 Block Group: 1 Block: 301, 302, 309, 310A,310B,310C,311A,311B,312, 315A.315B, 315C,316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330A, 330B, 331, 333A, 333B Tract: 0405.05 Block: 212, 213, 214, 215, 216, 217, 218, 219, 220 Block: That part of 221A which lies within the corporate limits of Riverdale as of January 1, 1999 Block: 222, 224A, 226, 301A, 310A, 310B, 310C, 610B Tract: 0405.06 Block Group: 2 Block Group: 4 Tract: 0406.03 Block Group: 2 Block Group: 3 Block Group: 7 Block Group: 9 Tract: 0406.04

TUESDAY, MARCH 16, 1999

1751

Block: 301A, 301B, 302, 304, 319, 323, 324, 401, 402B, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413A, 413B, 414, 415A, 415B, 417, 418, 419, 420, 423, 424A, 424B, 425, 426, 501, 502, 503, 505A, 505B, 506, 507, 508, 509A, 509B, 510, 511, 512, 513, 514, 515, 520, 522, 523, 524, 525, 528, 529, 531A, 531B, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543
Block Group: 6
Tract: 0406.05
Block: 401, 402, 408, 409, 410, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 501, 502, 503, 505, 507, 508, 509, 510, 511, 512, 513

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

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

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

N 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 N Rice Y Richardson N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett N 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

Y Smith, L.R Y Smith, P Y Smith, T N Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings N Stancil N Stanley, P
Stanley-Turner Y Stephens N Stokes Y Stuckey N Taylai N league Y Teper N TiUman N Tolbert Y Trense N Turnquest Y Twiggs N Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmorland 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 118, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Jackson of the 148th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
By unanimous consent, SB 109 was ordered immediately transmitted to the Senate.

1752

JOURNAL OF THE HOUSE

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.

The following amendment was read:

Representative Walker of the 87th moves to amend SB 105 as follows: Page 3, line 36, strike "may", insert "shall" Page 3, line 39, strike "may" insert "shall" Page 3, line 41 insert "." after office, strike "and" and insert, "The list may be posted in".

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

N Alien Anderson
N Ashe N Bailey Y Bannister Y Barnard N Barnes N Benefield
Birdsong
Y Bohannon N Bordeaux N Borders N Bridges Y 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 N Clark Y Coan N Coleman, B
Coleman, T
N Connell N Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T K Day
Dean Y DeLoach, B Y DeLoach, G
E Dix Y Dixon N Dodson
Dukes Ehrhart N Epps Evans N Everett Y Felton N Floyd Y Franklin Y Golick Graves N Greene 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 N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings E Jones
Joyce
Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox Y Mann
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
Orrock
Parham
N Parrish
Y Parsons

N Pelote Y Pinholster N Poag N Ponder N Porter
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 Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N 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
Smith, T Y Smith, V
Smyre
Y Snelling N Snow
N Squires
N Stallings
Y Stancil N Stanley, P
Stanley-Turner
Stephens Y Stokes N Stuckey N Taylor
Teague
N Teper N Tillman Y 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 Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 102. The amendment was lost. The following amendment was read: Representative Walker of the 87th moves to amend SB 105 as follows:

TUESDAY, MARCH 16, 1999

1753

Page 3, line 23, after "address;" insert "a current photograph",.

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 Y Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck Y Buckner N Bulloch Y Bunn Y Burkhalter N Byrd Y Callaway Y Campbell Y Cash N Channel!
N Childers Y Clark Y Coan Y Coleman, B
Coleman, T N Connell Y Cooper Y Cox Y Crawford N Cummings
Y Davis, M

N Davis, T E Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes
Ehrhart
N Epps
Evans Y Everett Y Felton
Floyd Y Franklin Y 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 Y Jennings E Jones
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 N McCall N McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley Y Mueller N O'Neal
Orrock N Parham N Parrish Y Parsons

N Pelote
Y Pinholster N Poag Y Ponder N Porter
Powell
N Purcell N Ragas N Randall N Ray N Reaves Y Reece Y Reed Y Reese N Reichert Y Rice Y Richardson
N Roberts Y Rogers
N Royal
Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N 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
Smith, T Y Smith, V N Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P
Stanley-Turner Y Stephens Y 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
Y 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 78, nays 86.

The amendment was lost.

Representative Walker of the 87th moved that the House reconsider its action in failing to adopt the second Walker 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
Y Barnes N Benefield N Birdsong Y Bohannon
N Bordeaux N Borders N Bridges Y Brooks Y Brown N Buck N Buckner

Y Bulloch Y Bunn N 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 Y Crawford

N Cummings Y Davis, M N Davis, T E Day
Dean Y DeLoach, B Y DeLoach, G E Dix Y Dixon Y Dodson
Dukes Ehrhart N Epps
Evans
Y 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 Hegstroin 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, 6 N Jackson, L N James N Jamieson N Jenkins Y Jennings E Jones
Joyce
Y Kaye N Lane Y Lewis

1754
N Lord N Lucas N Maddox Y Mann N Manning N Martin, J Y Martin, J.L Y Massey N McBee N McCall Y McClinton N McKinney Y Millar Y Mills Y Mobley N Morris N Mosley Y Mueller N CCNeal

JOURNAL OF THE HOUSE

Orrock Parham N Parrish Y Parsons N Pelote Y Pinholster N Poag Y Ponder Porter Powell N Purcell N Ragas N Randall N Ray N Reaves Y Reece Y 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 Y 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
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 Y Tolbert Y Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J N Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 72, nays 90.

The motion was lost.

The following amendment was read:

Representative Williams of the 83rd moves to amend SB 105 as follows: Page 2 line 14 strike "18" insert "16".

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

N Alien N Anderson N Ashe
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 Y Burkhalter
N Byrd
Y Callaway Y Campbell
Y Cash N Channel!
N Childers Y Clark Y Coan N Coleman, B
Coleman, T
N Connell Y Cooper
Y Cox N Crawford
N Cummings Y Davis, M

N Davis, T
E Day Dean
N DeLoach, B Y DeLoach, G
E Dix Y Dixon N Dodson
Dukes Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin Y 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
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 E Jones
Joyce Y Kaye N Lane Y Lewis N Lord N Lucas
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 CTNeal
Orrock Parham N Parrish Y Parsons

N Pelote Y Pinholster N Poag Y Ponder
Porter
Powell N Purcell N Ragas N Randall Y Ray N Reaves N Reece N Reed Y Reese N Reichert Y Rice N Richardson N Roberts N Rogers N Royal
Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw N 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 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
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 Y Williams, R N Wix Y Yates
Murphy, Spkr

TUESDAY, MARCH 16, 1999

1755

On the adoption of the amendment, the ayes were 59, nays 102.

The amendment was lost.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y 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
Coleman, B Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T E Day
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
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
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 E 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 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 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 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
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 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 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

1756
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
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
E Day Dean
Y DeLoach, B Y DeLoach, G
E Dix Y Dixon Y Dodson
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 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
E 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 Y Mobley Y Morris
Y Mosley Y Mueller
Y CWeal 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
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 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
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
Williams, R Y Wix
Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0.

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

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

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 Davis, M
Y Davis, T E Day
Dean Y DeLoach, B Y DeLoach, G E 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
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 Jamieson
Y Jenkins Y Jennings
E Jones Joyce
Y Kaye Y Lane Y Lewis

Y Lord Y Lucas Y Maddox
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 CWeal

TUESDAY, MARCH 16, 1999

1757

Y Orrock
Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y 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 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
Smyre
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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles
Williams, J Y 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.

Representative Coleman of the 142nd assumed the Chair.
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 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.

The report of the Committee, which was favorable to the 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 Coleman, T
Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y 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
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 E Jones
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
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

1758
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

JOURNAL OF THE HOUSE

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, Spin-

On the passage of the Bill, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Jackson of the 148th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon. SR 77. By Senator Kemp of the 3rd:
A resolution designating the Marshall Shirah Memorial Bridge.
The following substitute, offered by Representative Pinholster of the 15th, was read and adopted:

A RESOLUTION
Designating the Marshall Shirah Memorial Bridge; designating the intersection of State Highway 515 and State Highway 108 as "Tara and Megan Bishop Intersection"; and for other purposes.
Part 1
WHEREAS, Marshall Brandon Shirah was the beloved son of Beau and Nancy Shirah of Mclntosh County, Georgia; and WHEREAS, a student at the Mclntosh County Academy in Darien, Georgia, Marshall's life ended on March 21, 1997, in a tragic construction accident on the job site where he worked with his father building the Interstate 95 South Altamaha Bridge; and
WHEREAS, Marshall was deeply loved by his family and friends and his death has brought great sorrow to the community in which he lived; and WHEREAS, it is fitting and proper that the memory of Marshall Shirah be honored and memorialized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the life of Marshall Brandon Shirah and express regret at his passing.
BE IT FURTHER RESOLVED that the bridge located on Interstate 95 on the Glynn County and Mclntosh County boundary, between exits 9 and 10, over the Altamaha River be designated the Marshall Shirah Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating said bridge as provided in this resolution.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the parents of Marshall Shirah.

TUESDAY, MARCH 16, 1999

1759

Part 2
WHEREAS, on July 11, 1997, Tara Bishop and Megan Bishop tragically lost their lives in a motor vehicle accident at the intersection of State Highway 515 and State Highway 108 in Pickens County, Georgia; and
WHEREAS, loss of life on the highways of the state is always a tragedy, and the loss is made all the more severe when young lives are suddenly cut short; and
WHEREAS, these two sisters were students; 20 year-old Tara was transferring from Kennesaw College to Reinhardt College, and 13 year-old Megan was a student at Teasley Middle School in Cherokee County; and
WHEREAS, the grief of their parents, Betty and Larry Bishop, and other members of their family was deeply shared by the local community who will long remember these special young women; and
WHEREAS, on behalf of the citizens of Cherokee County and Pickens County, proper recognition of the loss of these talented and beloved young women is most appropriate.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the memory of Tara Bishop and Megan Bishop and designate the intersection of State Highway 515 and State Highway 108 in Pickens County as "Tara and Megan Bishop Intersection."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to Mr. and Mrs. Larry Bishop and the Department of Transportation.

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

On the adoption of the Resolution, by substitute, the 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
Cooper Y Cox Y Crawford
Y Cummings Y Davis, M Y Davis, T
E Day Y Dean Y 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
E Jones

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
McKinney Y Millar
Y Mills Y Mobley Y Morris Y Mosley
Y Mueller Y CXNeal 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 Y Reed Y
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

1760
Y Shipp Y Sholar Y Sims Y 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
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, E.L Y Watson

Y West Y Westmorland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the adoption of the Resolution, by substitute, the ayes were 165, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 32 Do Pass SB 49 Do Pass, as Amended SB 50 Do Pass SB 72 Do Pass, as Amended

SB 74 Do Pass SB 101 Do Pass SB 192 Do Pass

Respectfully submitted, /s/ Jamieson of the 22nd
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 6 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman
Representative Lord of the 121st District, Chairman of the Committee on Insurance, submitted the following report:

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

TUESDAY, MARCH 16, 1999

1761

SB 66 Do Pass, by Substitute SB 77 Do Pass

SB 200 Do Pass, by Substitute SB 210 Do Pass
Respectfully submitted, /s/ Lord of 121st
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 of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 61 Do Pass
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 of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 83 Do Pass, by Substitute SB 98 Do Pass, by Substitute SB 177 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 will convene at 10:00 o'clock the next legislative day.

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JOURNAL OF THE HOUSE

Representative Hall, Atlanta, Georgia Wednesday, March 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:

Alien
Anderson Bailey Bannister Barnes
Benefield Birdsong Bohannon
Borders Bridges
Brooks Brown Buckner Bulloch fiunn
Byrd CaUaway
E Campbell Cash Channel! Childers Coan
Coleman, B Cox

Davis, M Davis, T E Day Dean DeLoach, B E DeLoach, G Dix
Dixon
Dodson Everett Felton Franklin Golick Greene Grindley Hammontree Hanner Harbin Harrell Heard Hegstrom Hembree E Henson Holland

Houston Howard Hudson, H Hudson, N
Hugley Jackson, B James Jennings E Jones
Kaye Lewis Lord Manning Martin, J Martin, J.L
McBee McCall McKinney Millar
Mills Mobley Morris Mueller CWeal

Parsons Pelote Pinholster Ponder Powell Purcell Randall Ray Reaves
Reichert Richardson Royal Sanders Scheid Scott Shanahan Shipp Sholar Sinkfield Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Snow Squires S tailings Stancil Stanley-Turner Stokes Stuckey Taylor Teper Tolbert Trense Twiggs Unterman Walker, R.L West Wiles Williams, R Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Coleman of the 142nd, Bordeaux of the 151st, Fairish of the 144th, Smyre of the 136th, McClinton of the 68th, Graves of the 125th, Teague of the 58th, Walker of the 141st, Whitaker of the 7th, Orrock of the 56th, Mann of the 5th, Reed of the 52nd, Jackson of the 148th, Connell of the 115th, Reece of the llth, Burkhalter of the 41st, Massey of the 86th, Rice of the 79th, Crawford of the 129th, Buck of the 135th, Porter of the 143rd, Hudgens of the 24th, Ragas of the 64th, Poag of the 6th, Scarlett of the 174th, Turnquest of the 73rd, Dukes of the 161st, Roberts of the 162nd, Cooper of the 31st, Barnard of the 154th, Floyd of the 138th, Sims of the 167th, Lane of the 146th, Jenkins of the 110th, Smith of the 175th, Rogers of the 20th, Mosley of the 171st, Wix of the 33rd, Smith of the 91st, Westmoreland of the 104th, Joyce of the 1st, Stanley of the 49th, Lucas of the 124th and Skipper of the 137th.
They wish to be recorded as present.
Prayer was offered by the Reverend Mike Huling, Pastor, Claxton First United Methodist Church, Claxton, 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, MARCH 17, 1999

1763

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 1025. By Representative Dukes of the 161st:
A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Annotated, relating to superior court reporters emeritus, so as to provide for the office of senior court reporter; to provide that an official court reporter of a superior court judicial circuit or of a state court shall be eligible under certain conditions for appointment as a senior court reporter.
Referred to the Committee on Retirement.
HB 1026. By Representative Reichert of the 126th: A bill to amend Code Section 30-10-6 of the Official Code of Georgia Annotated, relating to qualification of community trusts, documents, life beneficiaries, trustees, and related matters, so as to specify the distribution of any proceeds remaining in any such trust at the time of the life beneficiary's death.
Referred to the Committee on Judiciary.
HB 1027. By Representatives Cummings of the 27th, Shanahan of the 10th and Connell of the 115th: A bill to amend Code Section 47-3-120 of the Official Code of Georgia Annotated, relating to an allowance on service retirement in the Teachers Retirement System of Georgia, so as to provide that the maximum number of years of creditable service upon which normal retirement benefits may be calculated shall be 40 years plus any creditable service granted for unused sick leave.
Referred to the Committee on Retirement.
HB 1028. By Representatives Porter of the 143rd, Parham of the 122nd, Channell of the lllth, Hudson of the 120th, Purcell of the 147th and others: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for service as a teacher in certain private schools.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE

HB 1029. By Representatives Bannister of the 77th, Mann of the 5th, Davis of the 60th, Parsons of the 40th and Clark of the 3rd:
A bill to amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the "Structural Pest Control Act," so as to provide requirements relative to official Georgia wood infestation inspection reports and guarantees related thereto.
Referred to the Committee on Industry.

HB 1030. By Representative Stancil of the 16th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to enact the "Georgia Homeowner Protection Act".
Referred to the Committee on Industry.

HB 1031.

By Representatives Bannister of the 77th, Cummings of the 27th, Shanahan of the 10th, Coleman of the 142nd, Lane of the 146th and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance.

Referred to the Committee on Retirement.

HB 1032. By Representatives Teague of the 58th, McKinney of the 51st, Hegstrom of the 66th, Maddox of the 72nd and James of the 140th:
A bill to amend Article 2 of Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dangerous dog control, so as to change certain definitions; to classify as a dangerous dog any dog that bites a human being.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1033. By Representative Dean of the 48th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Public Safety Employees' Twenty-Year Retirement Plan.
Referred to the Committee on Retirement.

HB 1034. By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1035. By Representative Byrd of the 170th: A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the corporate limits of the City of Hazlehurst by annexing certain territory into the city.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 17, 1999

1765

HB 1036. By Representative Ray of the 128th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation received by the chairperson and the other members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 577. By Representatives Orrock of the 56th, Martin of the 47th, Stuckey of the 67th, Teague of the 58th, Holmes of the 53rd and others: A resolution urging the Fulton County Board of Commissioners to coordinate efforts with other governmental authorities to secure the funding necessary so that Grady Health System Inc., can continue to provide reduced or free health services to needy persons in the Atlanta area.
Referred to the Committee on Health & Ecology.
HR 578. By Representatives Orrock of the 56th, Martin of the 47th, Stuckey of the 67th, Teague of the 58th, Holmes of the 53rd and others: A resolution urging the Fulton-DeKalb Hospital Authority to continue the reduced or free health programs for needy persons in the Atlanta area.
Referred to the Committee on Health & Ecology.
HR 580. By Representative Irvin of the 45th: A resolution urging the federal government not to take census by any other means than an actual enumeration.
Referred to the Committee on Rules.
HR 581. By Representatives Hudgens of the 24th, Epps of the 131st, Murphy of the 18th, Walker of the 141st, McBee of the 88th and others: A resolution urging the citizens and civic and community leaders of Georgia to maintain and encourage positive character qualities by designating Georgia as a State of Character.
Referred to the Committee on Rules.

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

HB 993 HB 994 HB 995 HB 996 HB 997 HB 998 HB 999 HB 1000 HB 1001 HB 1002 HB 1003 HB 1004 HB 1005 HB 1006 HB 1007 HB 1008

HB 1009 HB 1010 HB 1011 HB 1012 HB 1013 HB 1014 HB 1015 HB 1016 HB 1017 HB 1018 HB 1019 HB 1020 HB 1021 HB 1022 HB 1023 HB 1024

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JOURNAL OF THE HOUSE

HR 522
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 181 Do Pass, as Amended
Respectfully submitted, /s/ Lord of 121st
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SR 116 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 Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 115 Do Pass SB 126 Do Pass SB 218 Do Pass
Respectfully submitted, /s/ Lucas of the 124th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

WEDNESDAY, MARCH 17, 1999

1767

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 745 Do Pass HB 917 Do Pass HB 976 Do Pass HB 977 Do Pass HB 980 Do Pass HB 981 Do Pass HB 982 Do Pass HB 983 Do Pass HB 985 Do Pass HB 986 Do Pass

HB 989 Do Pass HB 990 Do Pass HB 991 Do Pass HB 992 Do Pass SB 208 Do Pass SB 217 Do Pass SB 223 Do Pass SB 237 Do Pass SB 238 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

SR 31 Do Pass SR 108 Do Pass SR 109 Do Pass SR 137 Do Pass

SR 150 Do Pass SR 151 Do Pass SR 157 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 17, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

HR 264 Buildings accessible by ramp; urge automatic door openers HR 443 Aquifers; certain permits; urge EPD exercise caution in issuance

SB 12 Uniform Transfer on Death Security Regis Act -enact (Crotts of the 17th)
SB 20 Law Enforce.Records - inspection, copying for commercial solicitation (Land of the 16th)
SB 39 Workers' Comp - time limit for appeal after award (Madden of the 47th)

1768

JOURNAL OF THE HOUSE

SB 47 Loads of Unprocessed Forest Products - strobe lights, flags at rear (Gillis of the 20th)
SB 56 Cities Over 300,000- venue of state ct.regarding traffic offense (Thomas of the 10th)
SB 103 Jurors - expense allowance, counties over 400,000 (Polak of the 42nd)
SB 111 Criminal Just Coordinating Council- committees transact business (Hecht of the 34th)
SB 179 Regional Economic Assistance Project - application for designation (Hooks of the 14th)
SB 220 Flint Judicial Cir - pmt of salary supplements, judges, D.A.s (Crotts of the 17th)
SB 240 Local Govt Cable Fair Competition Act of 1999 -enact (Johnson of the 1st)
SB 241 Dept of Community Health - create (Walker of the 22nd)
SR 46 Social Security - urge Cong priority to strengthen, continue (Walker of the 22nd)
SR 135 U S Agric Dept - relating to farmer and export enhancement program (Ragan of the llth)
Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, la/ 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 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 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 District Act," so as to change the provisions relating to filling vacancies on the governing body of a community improvement district.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, MARCH 17, 1999

1769

HB 976. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th, Golick of the 30th, Ehrhart of the 36th and others: A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 977. By Representative Stephens of the 150th:
A bill to amend an Act creating a new charter for the City of Pooler, so as to extend the present corporate limits of the City of Pooler and annex and incorporate certain additional land to said municipality.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 980. By Representatives Epps of the 131st and Hugley of the 133rd:
A bill to amend an Act creating the Meriwether County Public Facilities Authority, so as to redefine a certain term; to expand a certain general power.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 981. By Representative Reese of the 85th:
A bill to amend an Act providing a new charter for the City of Sugar Hill, so as to change the corporate limits of the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 982. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of
the 171st and Tillman of the 173rd: A bill to create the Joint Liberty County and City of Hinesville VocationalTechnical School Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.

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JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed. HB 983. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of
the 171st and Tillman of the 173rd: A hill to amend an Act providing a board of elections for Liberty County, so as to increase the number of members of said board from four to five.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 985. By Representative Smith of the 169th:
A bill to provide that the judge of the Probate Court of Bacon County shall also serve as the chief magistrate of the Magistrate Court of Bacon County; to provide for compensation; to provide for transition.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 986. By Representative McCall of the 90th:
A bill to amend an Act granting a new charter to the Town of Tignall, 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.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 989. By Representatives Whitaker of the 7th and Poag of the 6th:
A bill to amend an Act providing a new charter for the City of Blue Ridge, so as to change the corporate limits of the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 990. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the
138th and Ray of the 128th: A bill to amend an Act relating to the Board of Education of Houston County, so as to change provisions relating to the compensation of the members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

WEDNESDAY, MARCH 17, 1999

1771

On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 991. By Representative Smith of the 169th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation for 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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. HB 992. By Representative Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Alma, so as to provide for staggered terms for the members of the city council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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 supplements; to provide that such supplements shall be expenses of the superior courts; to provide an effective date; to provide for automatic repeal.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.

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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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed. SB 238. By Senator Dean of the 31st:
A bill to provide for the payment of salary supplements from county funds of the counties of the Tallapoosa Judicial Circuit to the judges of the superior court and district attorney of the Tallapoosa Judicial Circuit; to provide for the time, amount, and manner of payments from each county; to repeal a specific former Act; to provide for related matters; to provide for an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 0.
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 269. By Senators Huggins of the 53rd, Marable of the 52nd and Thomas of the
54th: A bill to amend an Act entitled "An Act creating the State Court of Chattooga County," as amended, so as to change the salary provisions relative to the judge and solicitor-general of such court. SB 270. By Senator Madden of the 47th: A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability. 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

WEDNESDAY, MARCH 17, 1999

1773

support, so as to provide for the nature of contempt proceedings as a part of the underlying action.
HB 67. By Representatives Birdsong of the 123rd, Porter of the 143rd, Sims of the 167th and others:
A bill to amend Code Sectionl5-6-72 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.
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".
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.
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.
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 exting"fuirimsh"e. rs and suppression systems, so as to change the definition of the term
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.
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.
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.

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HB 553. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st 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.
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.
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 reimbursement of the members of the board of education.
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 commissioner form of government for Murray County contingent on the passage of a referendum.
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.
HB 879. By Representative Dixon of the 168th:
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 authorize the city commission to sell or convey city parks located outside of the Waycross corporate limits without referendum approval.
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.
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 provide for a change in the compensation of the chairperson and members of such board.
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 appointment of a county manager and county clerk.
HB 895. By Representative Hudson of the 156th:
A bill to amend an Act creating the Fitzgerald and Ben Hill County Development 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.

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HB 896. By Representative Hudson of the 156th:
A bill to create and establish the Fitzgerald-Ben Hill County Charter Commission.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
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.
HR 269. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st 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 Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
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 corporate 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 Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 224. By Representatives Reichert of the 126th, Walker of the 141st, Wiles of the 34th and others:
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.
HB 312. By Representatives Powell of the 23rd, Hudson of the 156th, Walker of the 141st and others:
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.
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;

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to provide an income tax credit to employers who construct on-site qualified child care facilities.
The Senate has agreed to the House substitute to the following bills of the Senate:
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 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 Annotated, 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 electronic signatures; to provide for exceptions.
SB 207. By Senator Thomas of the 10th:
A bill to amend an Act revising, superseding, and consolidating the laws relating 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.
The Senate has agreed to the House amendments to the following bill of the Senate:
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.
The Senate has agreed to the House substitute as amended by the Senate to 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.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 269. By Senators Huggins of the 53rd, Marable of the 52nd and Thomas of the 54th:
A bill to amend an Act entitled "An Act creating the State Court of Chattooga County," as amended, so as to change the salary provisions relative to the judge and solicitor-general of such court.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 270. By Senator Madden of the 47th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties

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that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 498. By Representative Channell of the lllth:
A resolution commending the Gatewood Schools Lady Gators Basketball Team, State Champions, and inviting the team members, coaches, and managers to appear before the House of Representatives.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes or amendments thereto: 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 following Senate substitute was read:
A BILL
To repeal an Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a new charter for the City of Hawkinsville, approved April 4, 1991 (Ga. L. 1991, p. 4711), as amended, is repealed in its entirety.
SECTION 2. This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual referendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 138th moved that the House agree to the Senate substitute to HB 201.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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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 following Senate substitute was read:

A BILL
To repeal an Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the office of Commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, is repealed in its entirety.
SECTION 2.
This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual referendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 138th moved that the House agree to the Senate substitute to HB 200.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
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 following Senate substitute was read:

A BILL
To amend an Act providing for the minimum compensation for certain county officers of Pulaski County, approved April 11, 1979 (Ga. L. 1979, p. 4129), so as to change the officials to which such Act is applicable; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; 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 providing for the minimum compensation for certain county officers of Pulaski County, approved April 11, 1979 (Ga. L. 1979, p. 4129), is amended by striking subsection (b) of Section 1, which reads as follows:
"(b) 'Pulaski County officers' means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, the Clerk of the Superior Court and the County Commissioner of Pulaski County.", and inserting in its place a new subsection (b) of Section 1 to read as follows:
"(b) 'Pulaski County officers' means the Sheriff, the Tax Commissioner, the Judge of the Probate Court, and the Clerk of the Superior Court."
SECTION 2. This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual referendum in 1999, which Act provides for the consolidation of the governments of the City of Hawkinsville and Pulaski County into the consolidated government of Hawkinsville-Pulaski County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Floyd of the 138th moved that the House agree to the Senate substitute to HB 199.
On the motion, the ayes were 110, nays 0.
The motion prevailed. 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 following Senate amendment was read:
Amend HB 286 by striking the word "or on line 20 on page 1 immediately following the word "office".
Representative Roberts of the 162nd moved that the House agree to the Senate amendment to HB 286.
On the motion, the ayes were 110, nays 0.
The motion prevailed. 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 government of Waycross-Ware County.

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The following Senate substitute was read:

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 government of Waycross-Ware County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified 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:
SECTION 1. The following provisions, exclusive of the complete table of contents and the interior tables of contents which are included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the Unified Government of Waycross-Ware County, Georgia.
TABLE OF CONTENTS
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
Section 1-101. Unification of county and city; creation of unified government; name.
Section 1-102. Boundaries. Section 1-103. Status of unified government.
as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction.
ARTICLE II LEGISLATIVE ARTICLE
Chapter 1-The Commission
Section 2-101. Name and composition. Section 2-102. Term of office; qualifications;
disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum;
meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies.
Chapter 2~Legislative Procedure
Section 2-201. Legislation by ordinance. Section 2-202. Introduction, ponsideration, and passage
of ordinances and resolutions. Section 2-203. Emergency ordinances.

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Section 2-204. Submission of ordinances to mayor/chairperson; veto.
Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.
Chapter 3-Ethics and Prohibited Practices
Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials relating
to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties
for violation.
ARTICLE III CHIEF ELECTED OFFICER
Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of
chief elected officer.
ARTICLE IV ADMINISTRATION
Chapter 1-Officers
Section 4-101. Manager; appointment; qualifications; compensation.
Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term;
qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term;
duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
Chapter 2-Administrative and Service Departments
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
Chapter 3-Merit System of Personnel Administration
Section 4-301. Establishment of merit system.

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Chapter 4-Boards, Commissions, and Authorities
Section 4-401. Certain boards, commissions, and authorities continued.
ARTICLE V JUDICIARY
Section 5-101. Superior court and district attorney; unaffected by charter; redesignation.
Section 5-102. State court and solicitor-general; unaffected by charter; redesignation.
Section 5-103. Juvenile court; unaffected by charter; redesignation.
Section 5-104. Probate court; unaffected by charter; redesignation.
Section 5-105. Magistrate court; unaffected by charter; redesignation.
Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
ARTICLE VI ELECTIONS
Chapter 1-Conduct of Elections
Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding;
voting; districts. Section 6-103. Special elections.
Chapter 2 Election Districts; Reapportionment
Section 6-201. Reapportionment of election districts.
ARTICLE VII REVENUE AND FINANCE
Chapter 1-Taxation and Other Revenues
Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts;
taxation therein.
Chapter 2-Borrowing and Indebtedness
Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.
Chapter 3-Financing of Services

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Section 7-301. General and urban services districts. Section 7-302. Creation of services districts
by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of
ordinance.
Chapter 4-Financial Administration
Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.
Chapter 5-Procurement and Disposition of Property
Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal
and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems;
merging of existing systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals.
ARTICLE DC TRANSITION PROVISIONS
Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of
existing employees.

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Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions
continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.
APPENDIXES
Appendix A-Transition Schedule and Plan.
Appendix B-Reapportionment Districts: Operator: local Client: ware Plan: waresblp
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
Section 1-101. Unification of county and city; creation of unified government; name.
Section 1-102. Boundaries. Section 1-103. Status of unified government
as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction.
ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS
OF UNIFIED GOVERNMENT
SECTION 1-101. Unification of county and city; creation
of unified government; name.
(a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), are unified with the governmental and corporate powers, duties, and functions of Ware County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Ware County, which single government shall supersede and replace the governments of the City of Waycross and Ware County. Said 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 the "Unified Government of Waycross-Ware County, Georgia," (at times in this charter called the unified government or commission) having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Waycross and Ware County and also the powers, duties, and functions provided in this charter. The unified govern-

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ment 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 Waycross or Ware County; and by the name of Waycross-Ware County, Georgia, shall be capable of bringing and defending actions when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after January 1, 2001, the political subdivision known as Ware County, Georgia, and the municipal corporation known as the City of Waycross, Georgia, shall be unified into the said new political entity created pursuant to this charter.
(b) The unified government shall encourage the meaningful involvement in its operations of all citizens of Waycross-Ware County, particularly those who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. No individual shall be denied any opportunity on the basis of race, gender, religion, age, handicap, or national origin.
(c) The unification of the governments of the City of Waycross and Ware County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended.
SECTION 1-102. Boundaries.
The unified government shall embrace the total area included within the existing territorial limits of Ware County as such limits are fixed and established on January 1, 2001. However, 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.
SECTION 1-103. Status of unified government as municipal corporation
and county.
The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Ware County.
SECTION 1-104. Powers of the unified government.
(a) The Unified Government of Waycross-Ware County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia.
(b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the mayor and Commission of the City of Waycross or the chairman and the Commission of Ware County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter, except as expressly modified in this charter. This authority shall include but shall not be limited to the authority to adopt home rule ordinances and resolutions as provided in Article DC, Section II of the Constitution of the State of Georgia.
(c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority conferred or enlarged in this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution and also all rights, powers, duties, privileges, and author-

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ity, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter.
(d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, 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 said 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.
(e) No enumeration of any right, power, privilege, or authority in this charter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this section.
(f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter.
SECTION 1-105. Taxing districts.
(a) The unified government shall divide the county into two or more taxing districts (at times in this charter called services districts); provided, however, at least one of such districts shall be known as the general services district. The general services district shall consist of the total area of Ware County. In addition, the commission shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. Special services districts, which are those wherein specific services are provided to specific areas outside an urban services district, may also be created as provided in this charter.
(b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts.
(c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services provided by the unified government.
(d) In the establishment of the first urban services district or districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week during the two weeks immediately preceding the date of hearing.
(e) In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week during the two weeks immediately preceding the date of hearing.
(f) The unified government is empowered to exercise and provide within the general services district and within any urban and special services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter and any amendments

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thereto; and all powers, functions, and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia.
(g) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government.
(h) The unified government shall perform within its urban services districts those additional, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.
(i) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts.
(j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, no new urban or special services district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Waycross-Ware County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts.
(k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods set forth in this section.

(1) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government will hold public hearings as outlined in the services district modification procedure set forth in this section and will consider all comments received prior to reaching a final decision.
SECTION 1-106. Construction.
The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention of this charter to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs.

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ARTICLE II LEGISLATIVE ARTICLE
Chapter 1-The commission
Section 2-101. Name and composition. Section 2-102. Term of office; qualifications;
disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum;
meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies.
Chapter 2 Legislative Procedure
Section 2-201. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage
of ordinances and resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to
mayor/chairperson; veto. Section 2-205. Authentication; recording;
effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence.
Chapter 3-Ethics and Prohibited Practices
Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials
relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations;
penalties for violation.
ARTICLE II LEGISLATIVE ARTICLE CHAPTER 1 - The commission
SECTION 2-101. Name and composition.
There is created the "Commission of Waycross-Ware County, Georgia." Membership on the commission is a part-time position. The commission shall consist of seven members elected from districts as provided in Section 6-102 of this charter, and the mayor/ chairperson elected at large as provided in Article III of this charter.
SECTION 2-102. Term of office; qualifications; disqualifications.
(a) The term of office of all members of the commission shall be four years with members serving staggered terms and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the

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unexpired term as provided in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election.
(b) No person shall be eligible for election or appointment to the commission unless such person, on or before the date of election or appointment, shall:
(1) Have attained the age of 21 years, except as otherwise provided under paragraph (1) of Code Section 45-2-1 of the O.C.G.A.;
(2) Be a qualified voter of the unified government; and
(3) Have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election.
A member of the commission shall continue to reside within the district from which elected during such member's term of office.
(c) No member of the commission, during that member's term of office, shall hold any other federal, state, or local government elective office or be employed full time by the Unified Government of Waycross-Ware County, Georgia.
SECTION 2-103. Salary and expenses of the commission.
(a) The salary of each commissioner shall be $6,000.00 per year, payable in equal monthly installments.
(b) In addition to the salary, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government.
(c) The salary and expenses of members of the commission may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A.
SECTION 2-104. Organization; oath; rules; quorum; meetings; records;
mayor/chairperson pro tempore.
(a) The commission shall meet for organization and swearing-in purposes on January 1 next following its election or as soon thereafter as practicable. At this meeting, 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 commissioner of the Unified Government of Waycross-Ware County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God."
(b) The commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter; shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least twice each month; and shall provide for keeping minutes of its proceedings by the manager as provided in Section 4-102 of this charter.
(c) At its first organization meeting, the commission shall select the date when it will hold its regular monthly meetings.
(d) Five of the seven members of the commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time.
(e) Special meetings of the commission may be called by the mayor/chairperson or by any five commissioners upon no less than 24 hours written notice to each member served personally or left at the usual place of business or residence of such member.

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Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission or by waiver of notice of those not in attendance.
(f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times.
(g) At its first meeting in January of each year, a chief elected officer pro tempore known as the mayor/chairperson pro tempore shall be elected by and from the membership of the commission to serve for a term of one year. Such an election shall take place at the first regular meeting of the commission each year and whenever necessary to fill a vacancy in the office. A commissioner elected to fill a vacancy shall only serve as such until an election for a new mayor/chairperson pro tempore is held the following year.
(h) In the absence of the mayor/chairperson for any cause, the mayor/chairperson pro tempore shall preside over meetings and discharge the duties of the mayor/chairperson until either the return of the mayor/chairperson or the election of a new mayor/chairperson. While serving as the mayor/chairperson, the mayor/chairperson pro tempore shall have the same powers as a mayor/chairperson and not those of a commissioner.
SECTION 2-105. Powers of the commission.
(a) All legislative powers of the unified government of Waycross-Ware County, Georgia, including any such powers which may hereafter be conferred by law upon said government, shall be vested exclusively in and exercised by the commission in accordance with the provisions of this charter.
(b) In addition to its legislative powers, the commission shall specifically have the power to:
(1) Adopt and from time to time amend the budgets;
(2) Approve or reject recommendations concerning the appointments of the manager, attorney, and municipal judge;
(3) Remove from office the manager, attorney, and municipal judge by majority vote of the entire commission; and
(4) Override the mayor/chairperson's veto with the affirmative vote of five commissioners.
(c) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both.
(d) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, unify, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employ-

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ment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment.
(e) Subsection (d) of this section does not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly.
(f) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office, department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance.
(g) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government.
(h) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia.

SECTION 2-106. Filling of vacancies.
(a) In the event that the office of a member of the commission shall become vacant by reason of death, resignation, or any other cause and the term shall expire in less than 180 days, the vacant position shall be filled by appointment of the remaining members of the commission. Any individual so appointed must have the same qualifications required for election to the office.
(b) If the term of the vacant commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the commission to serve for the remainder of the term.

CHAPTER 2 - Legislative Procedure

SECTION 2-201. Legislation by ordinance.
Every official act of the commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: "The Commission of Waycross-Ware County, Georgia, hereby ordains...." All other acts of the commission shall be by resolution or shall take such other form as prescribed by its rules.

SECTION 2-202. Introduction, consideration, and passage of
ordinances and resolutions.
(a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title.
(b) Every proposed ordinance and every amendment shall be introduced in writing.
(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the manager and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance.

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(d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced.
(e) The adoption of any ordinance shall be by the affirmative vote of at least four of the seven commissioners.
(f) The passage of all ordinances shall be contingent upon the recording of the "ayes" and "nays" of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission.
SECTION 2-203. Emergency ordinances.
To meet a public emergency threatening life, health, property, or public safety, the commission 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 less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it 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 or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five of the seven members of the commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specify.
SECTION 2-204. Submission of ordinances to mayor/chairperson; veto.
Every ordinance or resolution adopted by the commission shall be certified by the manager and presented to the mayor/chairperson within two business days following its adoption. The mayor/chairperson shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become effective without his or her approval except as provided in this section. If the mayor/ chairperson vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the manager with a written statement of the reasons for the veto. The manager shall record the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the commission members of such veto. If the commission shall pass the ordinance or resolution by a vote of five of the seven members at the meeting next held after the ordinance or resolution has been returned with the mayor/chairperson's veto, it shall become law without his or her approval. In the event the mayor/chairperson does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval.
SECTION 2-205. Authentication; recording; effective date.
All ordinances which have become law shall immediately be deposited in the official archives of the manager. The manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The manager shall authenticate by his or her signature each ordinance which has become law.
SECTION 2-206. Codes of technical regulations.
(a) The commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:

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(1) The requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commissioner and to the attorney shall be construed to include copies of the code of technical regulations which shall be maintained in the manager's office, as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the manager as provided in Section 2-205 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the manager for public inspection and for purchase at a reasonable price as fixed by the commission.
SECTION 2-207. Codification and printing of ordinances.
(a) The commission shall, on or by January 1, 2003, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the "Code of Waycross-Ware County, Georgia." As determined by the commission, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price.
(b) Following publication of the first Code of Waycross-Ware County, Georgia, and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for integration in such code.
SECTION 2-208. Prima-facie evidence.
A record or entry made by the manager or a copy of such record or entry, duly certified by the manager, shall be prima-facie evidence of the terms of every ordinance and its due publication.
CHAPTER 3 - Ethics and Prohibited Practices
SECTION 2-301. Conflict of interest.
No elected official, appointed officer, or employee of Waycross-Ware County, Georgia, or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties;
(2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others;
(3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which

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such person 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 campaign;
(4) Represent private interests other than his or her own in any action or proceeding against Waycross-Ware County, Georgia, or any portion of its government; or
(5) Vote or otherwise actively participate in the negotiation or the making of any contract between Waycross-Ware County, Georgia, and any business or entity in which he or she has a financial interest.
SECTION 2-302. Disclosure.
Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commission shall disclose such private interest and such disclosure shall be entered on the records of the commission, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the commission.
SECTION 2-303. Testimony of public officials relating to public
affairs.
Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this charter.
SECTION 2-304. Contracts voidable and rescindable.
Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter.
SECTION 2-305. Hearings and determinations; penalties for violation.
(a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the commission may conduct a public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the commission shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question.
(b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of

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this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and appeals provided by the merit system of the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position.
(c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter.
ARTICLE III CHIEF ELECTED OFFICER
Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of
chief elected officer.
ARTICLE III CHIEF ELECTED OFFICER
SECTION 3-101. Election; term.
There is created the office of chief elected officer of Waycross-Ware County, Georgia (referred to at times in this charter as the mayor/chairperson). The mayor/chairperson shall be elected from the unified government at large and shall serve part time for a term of four years and until a successor is elected and qualified. Any mayor/chairperson who has been elected for two full consecutive four-year terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term.
SECTION 3-102. Qualifications of office.
(a) To be eligible for election as mayor/chairperson, a person on the date of election must:
(1) Have attained the age of 21 years except as otherwise provided in paragraph (1) of Code Section 45-2-1 of the O.C.G.A.;
(2) Have resided in the territory of the unified government for at least one year immediately preceding the date of election and must continue such residence therein during the term of office;
(3) Be a registered voter of the unified government; and
(4) Meet any other requirements as established by law.
(b) No person elected as mayor/chairperson shall, during that person's term of office, hold any other federal, state, or local government office or be employed full time by the Unified Government of Waycross-Ware County, Georgia.

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SECTION 3-103. Compensation. (a) The mayor/chairperson shall receive as compensation for the services of this office an annual salary of $12,000.00, payable in equal monthly installments. (b) In addition to the salary, the mayor/chairperson shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of the mayor/chairperson may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A.
SECTION 3-104. Powers and duties. The mayor/chairperson shall have the powers and duties to:
(1) Serve as the official representative of the unified government, including serving as the unified government's representative to federal, state, and local governmental bodies and officials;
(2) Initiate the process, with the involvement of commission members and appropriate staff, to search and screen candidates for the positions of manager, attorney, and municipal judge and to recommend candidates for these positions to the commission, appointment of which requires concurrence of a majority of the entire commission;
(3) Set the agenda, after receiving input from members of the commission, the manager, and the public, for meetings of the commission;
(4) Preside over meetings of the commission;
(5) Present the annual operating expenses budget and the capital improvements budget, which have been prepared by the manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of the unified government for approval by the mayor/ chairperson, to the commission for approval;
(6) Approve or veto proposed ordinances or resolutions as provided by this charter;
(7) Call special meetings of the commission as provided by this charter and by rules of the commission;
(8) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the manager;
(9) Recommend to the commission the adoption of such measures as deemed necessary or expedient; and
(10) 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.
SECTION 3-105. Voting.
The mayor/chairperson shall not be authorized to vote on any matter before the commission except in the case of ties.

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SECTION 3-106. Vacancy in office of chief elected officer. In the event that the office of mayor/chairperson shall become vacant by reason of death, resignation, or any other cause, the vacancy shall be filled by the mayor/chairperson pro tempore who shall serve as mayor/chairperson with all powers of the mayor/chairperson until a new mayor/chairperson is selected as provided below:
(1) If the term of the mayor/chairperson will expire in less than 180 days, the mayor/chairperson pro tempore shall serve as the mayor/chairperson until the next general election when a new mayor/chairperson will be elected; or
(2) If the term of the mayor/chairperson will continue for more than 180 days, a special election shall be held as provided in general law to elect a new mayor/ chairperson for the remainder of the vacant mayor/chairperson's term.
ARTICLE IV ADMINISTRATION
Chapter 1-Officers
Section 4-101. Manager; appointment; qualifications; compensation.
Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term;
qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term;
duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner.
Chapter 2~Administrative and Service Departments
Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law.
Chapter 3-Merit System of Personnel Administration
Section 4-301. Establishment of merit system.
Chapter 4-Boards, commissions, and Authorities
Section 4-401. Certain boards, commissions, and authorities continued.

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ARTICLE IV ADMINISTRATION
CHAPTER 1 - Officers
SECTION 4-101. Manager; appointment; qualifications; compensation.
The mayor/chairperson shall recommend candidates to the commission for the office of manager who shall be the full-time administrative officer of the unified government. No person holding an elective office in Waycross-Ware County shall be eligible for appointment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The manager shall be prohibited from engaging in any political activity, and the manager shall not be eligible to qualify as a candidate for an elective office in Waycross-Ware County for one year after leaving office. The manager shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed from office by a majority vote of the entire commission. The manager need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the manager shall be fixed by ordinance.
SECTION 4-102. Manager; powers and duties.
(a) The manager shall be responsible for:
(1) The management and coordination of the operations and activities of the various departments and agencies of the unified government;
(2) The appointment and removal of department heads;
(3) The preparation of the proposed annual operating expenses budget and the capital improvements budget with the assistance of all department heads for approval by the mayor/chairperson;
(4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government;
(5) Conducting studies and investigations and making reports thereon to the commisissiioon concerning the operations of the departments, offices, and agencies of the unified government;
(6) Requiring any department, board, commission, or agency under the manager's jurisdiction to submit written reports and to provide other information as deemed necessary;
(7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the manager's supervision and jurisdiction; and
(8) Maintaining all required records of the operations and activities of WaycrossWare County, including the minutes of all meetings of the Waycross-Ware County Commission.

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(b) Except for the purpose of inquiry and investigation, the mayor/chairperson and commission shall deal with employees of the unified government who are subject to appointment and removal by the manager solely through the manager and shall not give orders or directions to any such employee, either publicly or privately or directly or indirectly.
SECTION 4-103. Attorney; appointment; term; qualifications;
duties; compensation.
(a) The mayor/chairperson shall make recommendations to the commission for the attorney of the unified government. The attorney shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed by a majority vote of the entire commission.
(b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance.
(c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance.
(d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance.
SECTION 4-104. Municipal judge; appointment; term; duties;
qualifications; compensation.
(a) The mayor/chairperson shall recommend candidates to the commission for the office of municipal judge of the unified government. The recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The municipal judge shall serve at the pleasure of the commission and may be removed from office by a majority vote of the total membership of the commission.
(b) The qualifications, duties, and compensation of the municipal judge shall be as prescribed in a duly adopted ordinance.
SECTION 4-105. Sheriff.
The sheriff of Ware County in office on January 1, 2001, shall be the sheriff of WaycrossWare 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 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 with constitutional and statutory duties throughout Waycross-Ware County. The sheriff shall also be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties being provided on January 1, 2001. The sheriff shall have such other or different powers and duties as provided by the Constitution and laws of Georgia.
SECTION 4-106. Judge of the probate court.
The judge of the Probate Court of Ware County in office on January 1, 2001, shall be the judge of the Probate Court of Waycross-Ware County, Georgia. The judge of the Probate Court of Waycross-Ware County shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia.

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SECTION 4-107. Clerk of superior court.
The clerk of Superior Court of Ware County in office on January 1, 2001, shall be the clerk of Superior Court of Waycross-Ware County, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia.
SECTION 4-108. Tax commissioner.
The tax commissioner of Ware County in office on January 1, 2001, shall be the tax commissioner of Waycross-Ware County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia.
SECTION 4-109. Coroner.
The coroner of Ware County in office on January 1, 2001, shall be the coroner of Waycross-Ware County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia.
CHAPTER 2 - Administrative and Service Departments
SECTION 4-201. Creation and functions; generally.
Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations.
SECTION 4-202. Administrative reorganization.
The commission may, by ordinance, reorganize, combine, unify, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government.
SECTION 4-203. Appointment of directors of departments.
All directors of departments under the supervision and direction of the manager shall be appointed by the manager. The directors of all such departments shall serve at the pleasure of the manager.

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SECTION 4-204. Departments under state or federal law.
All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter.
CHAPTER 3 - Merit System of Personnel Administration
SECTION 4-301. Establishment of merit system.
(a) The commission shall establish, by ordinance, a merit system of personnel administration for Waycross-Ware County, Georgia. All positions in the service of WaycrossWare County, Georgia, shall be in the classified service of the merit system except the following which are declared to be in the unclassified service:
(1) Officers elected by the people and persons appointed to fill vacancies in elective offices;
(2) Members of boards and commissions;
(3) Directors of departments;
(4) Persons temporarily employed in a professional or scientific capacity or to conduct a special inquiry, investigation, examination, or installation;
(5) Temporary and part-time employees; and
(6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law.
(b) The merit system of personnel administration shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law.
CHAPTER 4 - Boards, commissions, and Authorities
SECTION 4-401. Certain boards, commissions, and authorities
continued.
All existing boards, commissions, and authorities are continued without interruption on January 1, 2001. As used in the Acts and amendments creating the existing boards, commissions, and authorities, the terms Waycross City Commission and Ware County Board of Commissioners shall mean the Commission of Waycross-Ware County, Georgia, and the terms mayor of the City of Waycross and chairman of the Ware County Board of Commissioners shall mean the mayor/chairperson of Waycross-Ware County, Georgia.

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ARTICLE V JUDICIARY
Section 5-101. Superior court and district attorney; unaffected by charter; redesignation.
Section 5-102. State court and solicitor-general; unaffected by charter; redesignation.
Section 5-103. Juvenile court; unaffected by charter; redesignation.
Section 5-104. Probate court; unaffected by charter; redesignation.
Section 5-105. Magistrate court; unaffected by charter; redesignation.
Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
ARTICLE V JUDICIARY
SECTION 5-101. Superior court and district attorney; unaffected by
charter; redesignation.
The Superior Court of Ware County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Waycross-Ware County, Georgia.
SECTION 5-102. State court and solicitor-general; unaffected by charter;
redesignation.
The State Court of Ware County, including the office of the solicitor-general, shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the State Court of Waycross-Ware County, Georgia.
SECTION 5-103. Juvenile court; unaffected by charter; redesignation.
The Juvenile Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Waycross-Ware County, Georgia.
SECTION 5-104. Probate court; unaffected by charter; redesignation.
The Probate Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Probate Court of Waycross-Ware County, Georgia.

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SECTION 5-105. Magistrate court; unaffected by charter; redesignation.
The Magistrate Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Waycross-Ware County, Georgia.
SECTION 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.
On January 1, 2001, the operations and employees of the Municipal Court of the City of Waycross shall continue as the operations and employees of a court of the Unified Government of Waycross-Ware County. The judge of the Municipal Court of the City of Waycross shall be authorized to serve as the municipal judge of said court.
ARTICLE VI ELECTIONS
Chapter 1 Conduct of elections
Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding;
voting; districts. Section 6-103. Special elections.
Chapter 2 Election Districts; Reapportionment
Section 6-201. Reapportionment of election districts.
ARTICLE VI ELECTIONS
CHAPTER 1 - Conduct of Elections
SECTION 6-101. 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 O.C.G.A., the "Georgia Election Code." As used in said code, the term "election" or "general election" shall be construed to include the term "regular election" as provided in Section 6-102 of this charter; the term "governing authority" shall include the mayor/ chairperson and the commissioners of Waycross-Ware County, Georgia; the term "municipal," "municipality," or "county" shall include Waycross-Ware County, Georgia; and the term "public office" shall include elective offices of Waycross-Ware County, Georgia.
SECTION 6-102. Regular election; time for holding; voting; districts.
(a) For purposes of electing commissioners, other than the mayor/chairperson, the territory of Waycross-Ware County is divided into seven commissioner districts. One member of the commission shall be elected from each such district. The seven commissioner districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act as Appendix B and further identified as Operator: local Client: ware Plan: waresblp.

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(h) 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 Waycross-Ware County 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 WaycrossWare County 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.
(c) No person shall be a member of the commission 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 applicable to that office.
(d) In order to be elected or appointed as a member of the commission from a commissioner district, a person must have resided in that district for at least 12 months prior to election or appointment thereto and, if elected, must receive the number of votes cast for that office, as required by general law, in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the commission for that district. At the time of qualifying for election as a member of the commission from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the commission from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.
(e) The mayor/chairperson may reside anywhere within the territory of Waycross-Ware County and, if elected, must receive the number of votes cast for that office, as required by general law, in the entire territory of Waycross-Ware County. The mayor/chairperson must continue to reside within the territory of Waycross-Ware County during that person's term of office or that office shall become vacant.
(f) The first mayor/chairperson and the first members of the Commission of WaycrossWare County 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 mayor/chairperson and those members of the commission elected thereto from Commissioner Districts 1, 3, 5, and 7 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2004, and upon the election and qualification of their respective successors. Those members of the commission elected thereto from Commissioner Districts 2, 4, and 6 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. Those and all future successors to the mayor/chairperson and members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the commission shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(g) All members of the commission 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 6-103. Special elections.
All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," that govern the conduct of county elections.
CHAPTER 2 - Election Districts; Reapportionment
SECTION 6-201. Reapportionment of election districts.
(a) The election district boundaries of the unified government shall be reapportioned following the publication of each official federal decennial census of the population of Waycross-Ware County, Georgia. Such reapportionment shall be accomplished by the adoption of an amendment to this charter by the General Assembly of Georgia.
(b) The reapportionment of election districts shall comply with the following specifications:
(1) Each election district shall be formed of contiguous territory and its boundary lines shall be the center lines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and
(2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended.
(c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment.
ARTICLE VII REVENUE AND FINANCE
Chapter 1 Taxation and Other Revenues
Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts;
taxation therein.
Chapter 2 Borrowing and Indebtedness
Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general
obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness.
Chapter 3 Financing of Services
Section 7-301. General and urban services districts. Section 7-302. Creation of services districts
by ordinance. Section 7-303. Requirements for defining boundaries.

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Section 7-304. Notice of hearing prior to adoption of ordinance.
Chapter 4 Financial Administration
Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.
Chapter 5 Procurement and Disposition of Property
Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property.
ARTICLE VII REVENUE AND FINANCE
CHAPTER 1 - Taxation and Other Revenues
SECTION 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations.
(a) For the purpose of raising revenue for the support and maintenance of the government of Waycross-Ware County, Georgia, the commission shall have full power and authority to levy and collect taxes to the extent provided in this section and to appropriate funds and expend money:
(1) For the purposes authorized by this charter;
(2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter;
(3) For any and all purposes and any and all subjects of taxation for which the City of Waycross or Ware County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Waycross or Ware County on January 1, 2001; and
(4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted.
(b) The commission shall have full power and authority to levy and collect the following taxes, charges and assessments:
(1) Ad valorem taxes on all real and personal property situated within WaycrossWare County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia;

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(2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which transacts business within WaycrossWare County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The commission shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to such taxes. In levying and collecting those taxes the commission, by ordinance, may require any person, firm, partnership, company, or corporation which transacts business within Waycross-Ware County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the unified government and to pay a reasonable fee for the license or permit for the regulation of any activities not prohibited by general law. The commission, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate, including but not limited to denial or revocation for any violation of federal or state law or local ordinance;
(3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities;
(4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.;
(5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein;
(6) Franchise fees on cable television systems as now or hereafter provided by law for counties;
(7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance;
(8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits of the unified government under such terms and conditions as provided by ordinance;
(9) All other such taxes, charges, or assessments as the City of Waycross or Ware County was authorized and empowered to make and collect upon January 1, 2001, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of the commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose;

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(10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities;
(11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Waycross-Ware County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Waycross-Ware County, Georgia, as now or hereafter provided by law for counties and municipalities; and
(12) Such other taxes and charges as provided by law.
SECTION 7-102. Collection of delinquent taxes and fees.
The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties.
SECTION 7-103. Homestead exemptions.
The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Waycross-Ware County, Georgia.
SECTION 7-104. Tax and services districts; taxation therein.
(a) The general services district as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government.
(b) The urban services district as defined and authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter together with any enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district in which the commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government.
(c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts.
CHAPTER 2 - Borrowing and Indebtedness
SECTION 7-201. Issuance of general obligation bonds.
(a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax district or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a

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county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter.
(b) All general obligation bonds shall be issued in the name of Waycross-Ware County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes; and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes on all taxable property within the territorial limits of the unified government.
SECTION 7-202. Debt limitation; general obligation bonds.
The total general obligation bond indebtedness of the unified government payable from ad valorem taxes including all outstanding general obligation bonds of the former City of Waycross and Ware County on January 1, 2001, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.
SECTION 7-203. Revenue bonds.
The commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION 7-204. Use of bond proceeds.
All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof.
SECTION 7-205. Allocation of indebtedness.
(a) All general indebtedness of Ware County, whether represented by general obligation bonds or otherwise, which may be outstanding on January 1, 2001, shall be allocated to the general services district as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter and is recognized as the obligation of the general services district of Waycross-Ware County, Georgia. All general indebtedness of the City of Waycross, whether represented by general obligation bonds or otherwise, which may be outstanding on January 1, 2001, shall be allocated to the urban services district as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The commission is authorized to levy taxes and otherwise provide for the retirement of such indebtedness, subject to the terms of this charter. Any funds in the control of the heretofore existent City of Waycross and Ware County, now unified into Waycross-Ware County, Georgia, by this charter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county shall be so applied by the commission.
(b) All general obligation bonds issued prior to January 1, 2001, by Ware County and all bonds authorized but unissued by Ware County on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be allocated to the general services district, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to January 1, 2001, by the City of Waycross and all bonds authorized but unissued by the City of Waycross on January 1, 2001, and thereafter issued by Way-

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cross-Ware County, Georgia, shall be allocated to the urban services district, and the principal and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the urban services district.
(c) Any revenue bonds issued prior to January 1, 2001, by the City of Waycross or Ware County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," and any such revenue bonds authorized but unissued by said city or county on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds.
(d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Waycross or by Ware County prior to January 1, 2001, or authorized but unissued by the City of Waycross or by Ware County on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted.
CHAPTER 3 - Financing of Services
SECTION 7-301. General and urban services districts.
(a) In Waycross-Ware County, Georgia, there shall be:
(1) A general services district which shall consist of the total area of Ware County as fixed and established upon January 1, 2001, or as hereafter modified according to law;
(2) An urban services district which shall consist of the area embraced within the corporate limits of the City of Waycross as the same exists upon the day immediately preceding January 1, 2001, or as such district may be expanded as provided in this section; and
(3) Such special services districts as the commission may subsequently establish.
(b) All other tax districts existing in the City of Waycross or Ware County immediately prior to January 1, 2001, are continued in effect by this charter.
(c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other districts in accordance with the provisions of this charter. The powers, authority, duties, liabilities, services, and functions of Waycross-Ware County, Georgia, may vary in any services district from that in another or other services district.
(d) The unified government is empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia.

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(e) The unified government shall perform or procure the performance within the general services district of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the unified government.
(f) The unified government shall perform within its urban services districts those additional, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts.

SECTION 7-302. Creation of services districts by ordinance.
Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services districts and the expansion, unification, reduction, or merger of existing services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring territory from one services district to another; and set forth requirements for defining boundaries of services districts.
SECTION 7-303. Requirements for defining boundaries.
Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the commission, the boundaries may be described: (1) by reference to a map; (2) by metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of particular tracts or parcels of land; or (4) by any combination of the methods described in this section.
SECTION 7-304. Notice of hearing prior to adoption of ordinance.
Before it adopts any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intentions to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in Section 1-105 of this charter.
CHAPTER 4 - Financial Administration
SECTION 7-401. Fiscal year.
The fiscal year of Waycross-Ware County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law.
SECTION 7-402. Preparation of budgets.
The preparation of annual budgets shall be as prescribed by ordinance and provisions of this charter.

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SECTION 7-403. Scope of budgets.
(a) There shall be two annual budgets:
(1) The annual operating expenses budget shall apply only to the operating expenses of the unified government; and
(2) The capital improvements budget shall apply only to capital improvement expenses of the unified government.
(b) Each section of the annual operating expenses budget and the capital improvements budget shall contain with respect to each of the operating funds of the government of Waycross-Ware County, Georgia, to which they are applicable:
(1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source;
(2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and
(3) Such other information as may be considered necessary or desirable by the manager, the mayor/chairperson, or the commission.
(c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year.
(d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefor, and the revenues or other sources of funds anticipated to finance such capital projects.
SECTION 7-404. Submission of budgets to the commission.
(a) In advance of initiating preparation of the annual budgets, the mayor/chairperson, with participation of the commission, shall develop a statement of the general fiscal policies of Waycross-Ware County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent.
(b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the mayor/chairperson of the unified government shall submit to the commission a proposed operating expenses budget and a proposed capital improvements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the mayor/chairperson containing a statement of the general fiscal policies of Waycross-Ware County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the mayor/chairperson's message thereon shall be published in a newspaper of general circulation designated as the legal organ of Waycross-Ware County. The operating expenses budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the manager's office and shall be open to public inspection.

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SECTION 7-405. Adoption of budgets.
(a) The commission shall approve or reject the proposed operating expenses budget. Such budget as finally adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues, constituting the resources available of such fund.
(b) The commission shall adopt the final annual operating expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt an operating expenses budget for the ensuing fiscal year. Adoption of the operating expenses budget shall take the form of an appropriations ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the operating expenses budget.
(c) The amount set out in the adopted operating expenses budget for each organizational unit, purpose, or activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable.
(d) The commission shall adopt by ordinance the capital improvements program and capital improvement expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The adopting ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital improvements program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the ordinance adopting the capital improvement expenses budget, constitute appropriations of such amounts.
SECTION 7-406. Property tax levies.
Following the adoption of the annual operating expenses budget and the capital improvements budget for each fiscal year:
(1) The commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of the general services district for services to be rendered throughout the entire area of Waycross-Ware County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission;
(2) The commission shall levy by ordinance an urban services district tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to

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equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of a higher level of services to be rendered in urban services districts; and
(3) The commission shall levy by ordinance a special services district tax on all real and personal property within the special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating expenses budget for defraying the expenses of a higher level of services to be rendered in a special services district.
SECTION 7-407. Limitation of funds.
Upon certification by the manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the manager upon the instruction of the mayor/chairperson of the unified government to limit such appropriations as may be necessary to prevent deficit operation.
SECTION 7-408. Transfer of funds.
Upon recommendation of the manager and approval of the mayor/chairperson, the commission may make interfund or interdepartmental transfers in the current operating expenses budget or capital improvements expenses budget at any regular or special meeting called for such purpose, provided funds are also available.
SECTION 7-409. Lapse of appropriations.
All unencumbered balances of appropriations in the current operating expenses 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.
SECTION 7-410. Continuing audit.
(a) The commission shall have conducted a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government.
(b) The commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the unified government of Waycross-Ware County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Waycross-Ware County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years.
(c) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the manager and made available to the public.
(d) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Waycross-Ware County, Georgia.

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CHAPTER 5 - Procurement and Disposition of Property
SECTION 7-501. Contracting procedures.
The commission shall prescribe by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of Waycross-Ware County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Waycross-Ware County, Georgia, shall be signed by the mayor/ chairperson and authenticated by the manager.
SECTION 7-502. Sale and disposition of property.
(a) The commission is authorized to sell any real or personal property owned or held by Waycross-Ware County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A.
(b) The commission is empowered to authorize the following transactions:
(1) A transfer of any real or personal property owned by Waycross-Ware County, Georgia, to another governmental entity upon finding that such transfer is in the public interest;
(2) A sale of any such property to another governmental entity; and
(3) An exchange of such property for property that is owned privately or by some other governmental entity.
In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of Waycross-Ware County once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property.
(c) Waycross-Ware County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager of the unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the unified government of WaycrossWare County, Georgia, therein has no readily ascertainable monetary value.
(d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Waycross-Ware County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Waycross-Ware County, Georgia, the commission may authorize the execution and deliverance in the name of the unified government of Waycross-Ware County, Georgia, of a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Waycross-Ware County, Georgia, has in such property.
ARTICLE VIII GENERAL PROVISIONS
Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability.

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Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal
and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems;
merging of existing systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals.
ARTICLE VIII GENERAL PROVISIONS
SECTION 8-101. Application of laws; laws in force.
(a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter:
(1) Which on January 1, 2001, apply to the City of Waycross or Ware County, Georgia, shall be applicable to the unified government; and
(2) Which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Waycross or Ware County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission.
(b) Local Acts of the State of Georgia which apply specifically to either Ware County or the City of Waycross, or both, shall be applicable to the unified government.
(c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Ware County or the City of Waycross, or both, the following terms as used in such laws shall be construed to include the unified government as follows:
(1) "County" shall be construed to include Waycross-Ware County, Georgia;
(2) "City," "town," "municipal corporation," or "municipality" shall be construed to include Waycross-Ware County, Georgia;
(3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the Commission of Waycross-Ware County, Georgia;
(4) "Council," "mayor and commission," "aldermen," and "board of aldermen" shall be construed to include the Commission of Waycross-Ware County, Georgia;

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(5) "Chairman of the commissioners of roads and revenues" and "chairman of the board of county commissioners" shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia;

(6) "Mayor" shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia; and
(7) Any other terms and provisions as used in such Acts to refer specifically to Ware County or the City of Waycross, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Waycross-Ware County, Georgia, and its officers, employees, departments, and agencies.
(d) In construing the applicability of laws in force to the unified government, 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, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both;
(3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section;

(4) Special laws applicable to Ware County, not in conflict with this charter;

(5) Special laws applicable to the City of Waycross, 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 Waycross and existing ordinances and resolutions of the former County of Ware not in conflict with this charter.
SECTION 8-102. Limitation on claims and service. (a) All contractual claims against the unified government shall be presented within 12 months after they accrue or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability.
(b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor/chairperson.

SECTION 8-103. Tort and nuisance liability.
The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia.
SECTION 8-104. Conflict of laws.
For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail.

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SECTION 8-105. Competitive bidding.
All departments and agencies of the unified government must utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by five of the seven commissioners.
SECTION 8-106. Execution of assessments.
Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific provision is elsewhere provided in this charter for its collection, then the manager shall issue execution hi the name of the unified government against such person, firm, or entity liable therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the manager of Waycross-Ware County, Georgia, and the levy and sale thereunder shall be governed by general law.
SECTION 8-107. Authority to deal with federal and state agencies.
The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including but not limited to community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency.
SECTION 8-108. Federal and state aid.
The unified government shall be deemed a county but shall also be deemed an incorporated city or municipality 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 or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is or may hereafter be entitled and also all funds to which an incorporated city or municipality is or may be hereafter entitled and to receive the same without diminution or loss by reason of unification. When state aid or other grant in aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Waycross-Ware County, Georgia, 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, or rural population, or any combination thereof, then that area of the general services district outside of

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the urban services district or districts shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. When state aid or other grant in aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population or the area of the urban services district or districts of Waycross-Ware County, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution.
SECTION 8-109. Budgets of county officers and agencies.
All elected officers and all agencies not under the direct control and jurisdiction of the manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the manager and the mayor/chairperson, shall be incorporated into the overall unified government budgets for submission by the mayor/chairperson to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets.
SECTION 8-110. Existing pension rights protected.
(a) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former City of Waycross shall retain all pension rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.
(b) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former County of Ware shall retain all rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter.
SECTION 8-111. Establishment of new pension systems;
merging of existing systems.
The commission 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 January 1, 2001; 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 Waycross, Ware County, or of any agency of such former governments.
SECTION 8-112. Amending charter.
This charter may be modified, rescinded, changed, or amended by only the following methods:
(1) An Act of the General Assembly of Georgia; or

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(2) An ordinance adopted by the Commission of Waycross-Ware County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia.

SECTION 8-113. Fidelity bonds.
All officers of the unified government, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the commission may require.

SECTION 8-114. Examples of powers.
The powers of Waycross-Ware County, Georgia, shall include, but shall not be limited to, the following powers:
(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 and business taxes and to license and regulate occupations and businesses. Such taxes may be based on any one or combination of the following criteria:
(A) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.; (B) Square footage; (C) Number of employees; (D) Fixed fee; or (E) Any other criterion reasonably related to the purposes of this power;
(4) Appropriations: to make appropriations and expend funds for support of the unified 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 unified government on such terms as the donor may impose;

(8) Condemnation: to condemn property inside the unified government for present or future use;

(9) Public utilities: to acquire, lease, operate, and dispose of public utilities;

(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;

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(12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified 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 public safety and well-being of the citizens of the unified 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 which pollute the air and water;
(19) Fire safety: to fix fire limits and to 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 unified 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) Taxicabs: to regulate vehicles operated for hire in the unified government;
(30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government;
(31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements;
(32) Contracts: to enter into lawful contracts and agreements;
(33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them;

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(34) Penalties: to provide penalties for violations of ordinances of the unified government;
(35) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department;
(36) Emergencies: to provide for the determination, proclamation, and combating of emergencies;
(37) Urban redevelopment: to organize and operate an urban redevelopment program;
(38) Public transportation: to organize and operate public transportation systems; and
(39) 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, welfare, and safety of the inhabitants of the unified government.
SECTION 8-115. Provision of services. When determining services to be provided, the unified government shall always attempt:
(1) To efficiently allocate resources to increase the quality of life for all citizens of Waycross-Ware County;
(2) To provide the highest quality services to all citizens of Waycross-Ware County;
(3) To ensure efficient utilization of community resources;
(4) To promote equity for all citizens in the delivery of governmental services throughout Waycross-Ware County; and
(5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises.
SECTION 8-116. The overview commission. (a) In order to provide a more efficient and responsive government for the citizens of Waycross-Ware County, an overview commission shall be established to review the operation of the unified government. Such evaluation shall be completed every four years. (b) The overview commission shall be composed of a minimum of 22 individuals to be appointed by the grand jury sitting immediately prior to July 1, 2004. Members of the overview commission shall be registered voters in Waycross-Ware County and not members of the appointing grand jury. Three members shall be selected from each commission district and one member, who shall serve as chair, from the county at large. In making appointments to the overview commission, the grand jury shall solicit and consider applications from the citizens of Waycross-Ware County. (c) The overview commission shall be convened on July 1, 2004, and shall complete its review on or before December 31, 2004. In reviewing the unified government, the following factors shall be considered:
(1) The goals and objectives of the unified government;

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(2) The extent to which the unified government has achieved its original objectives in an effective and responsible manner;

(3) The performance and accomplishments of the agencies of the unified government in the preceding fiscal year, budgetary costs incurred, projected activities, and budgets;

(4) The extent to which additional programs are needed; and

(5) Any other relevant criteria that the overview commission considers necessary in its evaluation.
(d) Upon completion of its review, the overview commission shall make recommendations to the new government in the same manner as grand jury presentments are normally made to a local government.

SECTION 8-117. Historic items.
It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Waycross and Ware County.

SECTION 8-118. Section captions.
The captions to the several sections of this charter are informative only and are not to be construed as a part thereof.

SECTION 8-119. Effect of repeals.
No law heretofore repealed, expressly or by implication, 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 9-101. Provision of services during transition. Section 9-102. Protection and compensation of
existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions
continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.

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ARTICLE IX TRANSITION PROVISIONS
SECTION 9-101. Provision of services during transition.
In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Waycross and Ware County, the following procedures shall apply:
(1) On January 1, 2001, all services currently provided by the county shall be provided through the general services district to all residents of the county and all services provided by the city shall be provided through the urban services district to the current residents of the City of Waycross. Assuming the continued availability of state and federal funds, these service arrangements shall apply until modified as provided under the provisions set forth in this article;
(2) The unified government shall work with due speed to equalize the charges for all services throughout the county.
SECTION 9-102. Protection and compensation of existing employees.
(a) All full-time employees of the City of Waycross and Ware County and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said government.
(b) No permanent full-time employee of the City of Waycross or Ware County shall suffer any diminution of compensation resulting from the adoption of this charter. The definition of compensation includes, but is not limited to, salary, insurance and retirement benefits, annual and sick leave, and rights provided by a merit system.
(c) On or by January 1, 2002, the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the fourth year of operation of the unified government. This requirement that there be a uniform level of compensation throughout Waycross-Ware County by the end of the fourth year does not require that there be any freeze on employee compensation.
(d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Waycross or Ware County at the time of unification shall suffer any reduction of compensation resulting from the adoption of this charter.
(e) No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any position in the unified government because of race, gender, religion, age, handicap, or national origin.
SECTION 9-103. Effective date of charter.
This charter shall become effective on January 1, 2001, except as otherwise provided in Section 9-113.

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SECTION 9-104. Initial budgets.
(a) Until July 1, 2001, the unified government shall operate under the funds remaining from the fiscal year 1999-2000 of the combined budgets of the City of Waycross and Ware County.
(b) The first full 12 month annual operating expenses budget and capital improvements expenses budget of the unified government (July 1, 2001, to June 30, 2002) shall not exceed an amount equal to the combined 2000-2001 fiscal year budgets of the City of Waycross and Ware County, plus increases due to inflation as specified in figures from the United States government.
SECTION 9-105. Number of employees.
From January 1, 2001, until June 30, 2001, the total number of employees of the unified government shall not exceed the combined number of employees authorized for the governments of the City of Waycross and Ware County on January 1, 2001, except as otherwise mandated by law.
SECTION 9-106. Cooperation of former governments.
(a) All officers, officials, and employees of the former City of Waycross and Ware County shall cooperate with and assist the mayor/chairperson, the commission, the manager, and other officers of Waycross-Ware County, Georgia:
(1) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Waycross-Ware 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 the unified government 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. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government.
(b) A schedule for activity during the transition period is contained in Appendix A, attached to and made a part of this charter.
SECTION 9-107. Existing ordinances and resolutions continued in effect.
(a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Ware County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Waycross-Ware County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended.
(b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Waycross, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Waycross-Ware County, Georgia, and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended.

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(c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to January 1, 2001, and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict.
(d) On or by January 1, 2002, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions.
SECTION 9-108. Contracts and obligations.
(a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Ware County or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by Ware County to become effective after the date of approval of this charter and prior to January 1, 2001, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2001.
(b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Waycross or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by the City of Waycross to become effective after the date of approval of this charter and prior to January 1, 2001, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2001.
(c) No pending action or proceeding of any nature whether civil, criminal, judicial, administrative, or other by or against the City of Waycross or Ware County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof.
SECTION 9-109. Dissolution of existing governments.
On January 1, 2001, the Commission of Ware County and the Mayor and Commission of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia approved August 17, 1909 (Ga. L. 1909, p. 1456) as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), 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 Ware County and the City of Waycross shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter.
SECTION 9-110. Transfer of records and equipment.
When an agency of the City of Waycross or of Ware County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred.

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SECTION 9-111. Officers serve until successors qualify.
Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Waycross or Ware County may continue to perform the duties thereof until a successor, whether under the same title or office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this section that no duty or service shall lapse or be abandoned because of lack of an officer to perform same.
SECTION 9-112. Referenda on the charter.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Waycross 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 Waycross for approval or rejection, and the election superintendent of Ware County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The election superintendents shall conduct those elections on the same and earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. 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 Ware County. The ballot in each election shall have written or printed thereon the words:
"( ) YES Shall the charter unifying the governments of the City of Waycross and Ware County and creating a single unified government to super-
( ) NO sede 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 Waycross 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 Ware County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 9-113 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 Ware County shall be borne by Ware County, and the expense of such election in the City of Waycross shall be borne by the City of Waycross.
(c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(d) A qualified voter, as used in this Act, shall mean a voter of Ware 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 Waycross 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 Ware County who shall attach the same to the copy of the charter previously certified to him or her.
(e) Whenever a charter for the unification of the governments of the City of Waycross and Ware 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

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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 Waycross and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Ware 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 Waycross-Ware 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 Waycross-Ware County, Georgia, for all purposes.
SECTION 9-113. Effective dates.
(a) Section 9-112 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 election of the initial mayor/chairperson and members of the Commission of Waycross-Ware County, Georgia, shall become effective January 1, 2000.
(c) The remaining provisions of this Act shall become effective on January 1, 2001, but only under the conditions specified in Section 9-112.
SECTION 9-114. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIXES
Appendix A-Transition Schedule and Plan.
Appendix B-Reapportionment Districts: Operator: local Client: ware Plan: waresblp
Appendix A Transition Schedule and Plan
The following four-stage transition plan shall govern the implementation of this Act:
Stage 1: Referendum on Charter to Initial Election
Upon approval of the unification, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Their effort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team does not have any decision-making power and will serve in an advisory function to the new government until such time as the newly elected officials assume the responsibilities described below. The transition team shall consist of: the county administrator; the city administrator; one appointee of the mayor of the City of Waycross who shall not be an elected official nor an employee of the City of Waycross; one appointee of the chairman of the Ware County Board of Commissioners who shall not be an elected official nor an employee of Ware County; and three members of the charter commission selected by the charter commission, one of whom shall serve as chair of the transition team.
Stage 2: Initial Election to January 1, 2001
(a) The newly elected government assumes limited powers to plan for new govern-

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ment. During this time, the mayor/chairperson and commission may exercise the following powers:
(1) Begin preparation for the appointment of the manager, attorney, and municipal judge;
(2) 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 the unified government in accordance with the applicable provisions of this charter. The mayor/chairperson and commission shall be authorized to receive and expend appropriations from the Waycross City Commission and the Ware County Board of Commissioners for the purposes of performing its responsibilities as provided herein;
(3) Initiation of the preparation of the initial budget of the unified government (July 1, 2001, to June 30, 2002); and
(4) Begin preparation of plans and schedules for the unification of the various departments and agencies of the City of Waycross and Ware County.
(b) All officers, officials, and employees of the City of Waycross and Ware County shall cooperate and assist the mayor/chairperson and commission and other officers of the unified government in planning for and scheduling the unification of departments, boards, and commissions of said former governments and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The mayor/ chairperson, commission, and officers of the unified government shall be entitled to examine all records, files, and other data in possession of the former governments and all officers, officials, and employees thereof. The former governments shall, to the extent possible, provide working areas and facilities to the transition team and the newly elected mayor/chairperson and commission of the unified government.
Stage 3: January 1, 2001, to June 30, 2001
The unified government takes office operating under the combined city and county budgets subject to the budget and employee caps specified in Sections 9-104 and 9105. The unified government budget for July 1, 2001, to June 30, 2002, is prepared. During this period the government would begin combining operations.
Stage 4: July 1, 2001, to June 30, 2002
The unified government begins operation under the first unified government budget. The budget for this fiscal year, July 1, 2001, to June 30, 2002, shall be capped by combining the July 1, 2000, to June 30, 2001, budgets of the city and county, plus increases due to inflation.
APPENDS B
District No. 1 WARE Tract: 9503. Block: 133B, 134B, 135, 145, 146, 147, 148, 149, 238A, 238B, 263A, 264 Block Group: 3 Tract: 9504. Block: 201, 202, 203, 204, 205, 243, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323,

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324, 325, 326, 327, 401B, 405B, 408B, 409B, 410B, 411, 412, 413, 414, 415
416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426B, 428, 429B, 429C, 430,
431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442
Tract: 9505.
Block: 311B, 311C, 312A, 312B, 335, 402, 403, 404, 405, 406, 410, 411, 412, 413, 417, 418, 419, 420, 421, 422, 423, 424, 425, 431 Tract: 9508. Block: 107, 108, 109, 110, 111, 112, 113, 114, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202A, 218A, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 310, 311, 312, 313, 314, 315, 316, 317A, 318, 319, 320, 321, 329, 330, 339, 340, 341, 342, 343, 344, 345, 346, 352, 353, 354, 355, 356, 357
District No. 2 WARE Tract: 9504. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 328, 329, 330, 331, 332, 333, 334 Tract: 9505. Block: 432, 433, 434, 435, 436 Tract: 9507. Tract: 9508. Block: 101, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 301, 306, 307, 308, 309, 322, 323, 324, 325, 326, 327, 328, 331, 332, 333, 334, 335, 336, 337, 338, 347, 348, 349, 350, 351 Tract: 9509. Block: 115A, 115B, 115C, 115D, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130A, 130B, 130C, 130D, 130E, 131, 132A, 132B, 132C, 133A, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 225D, 225E, 225F, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239, 240, 241, 242, 243, 244, 245A, 308, 309, 334, 335, Block: 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 361
District No. 3 WARE Tract: 9504. Block: 105, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 Tract: 9505. Block: 219B, 223B, 225B, 226A, 226B, 227B, 228B, 229B, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 306B, 308B, 309B, 401A, 407, 408, 409, 414, 415, 416, 426, 427, 428, 429, 430, 501C, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530B, 531, 532 Tract: 9506. Block: 101A, 101B, 110A, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 132A, 133B, 140, 141, 142, 143, 144, 203A, 203B, 205A, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215,

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216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Block Group: 3 Block Group: 4 Block Group: 5
District No. 4 WARE Tract: 9501. Tract: 9502. 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, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 252, 253, 262, 263, 329, 330, 331, 332, 333, 334, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352, 353, 354A, 354B, 355A, 355B, 356A, 356B Tract: 9508. Block: 202B, 203, 204, 205, 206, 207A, 207B, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B
District No. 5 WARE Tract: 9502. Block: 230, 231, 250, 254, 255, 256, 257, 258, 259, 260, 261, 351 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, 133A, 134A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 150, 151, 152, 153, 154, 155, 156, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238C, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, Block: 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B Tract: 9504. Block: 401A, 402, 403, 404, 405A, 406, 407, 408A, 409A, 410A, 426A, 427, 429A Tract: 9505. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220, 221, 222, 223A, 224, 225A, 227A, 228A, 229A, 230A, 230C, 301, 302, 303, 304, 305, 306A, 307, 308A, 309A, 310, 311A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 336, 337, 338, 339, 401B, 501A, 501B, 502B, 530A
District No. 6 WARE Tract: 9506. Block: 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, HOB, 111, 130C, 130D, 131, 132B, 133A, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Block Group: 6 Tract: 9508. Block: 401, 402, 403A, 403B, 403C, 404, 405, 409, 412A, 472A, 550A, 551A, 565 Tract: 9509. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,

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147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 349, 350, 351, 352A, 352B, 353A, 353B, 354, 355, 356, 357, 358, 359, 360A, 360B, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382A, 382B, 382C, 383A, 383B, 384, 385, 386, 387, 388, 389, 390, 391, 392 Block Group: 4
District No. 7 WARE Tract: 9502. Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 335, 336, 337, 357, 358, 359, 360, 361, 362 Block Group: 4 Tract: 9508. Block: 217A, 217B, 218B, 218C, 218D, 218E, 219, 317B, 317C, 403D, 406, 407, 408, 410, 411, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472B, 473, 474, 501A, 501B, 502A, 502B, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, Block: 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550B, 551B, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596A, 596B, 597A, 597B Tract: 9510.
Representative Dixon of the 168th moved that the House agree to the Senate substitute to HB 723.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
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 corporate 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 following Senate amendment was read:
Amend HB 871 by striking lines 28 and 29 of page 8 and inserting in lieu thereof the following:
"Said Act is further amended by striking in its entirety subsection (a) of Section 12."
Representative Williams of the 83rd moved that the House agree to the Senate amendment to HB 871.

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On the motion the ayes were 110, nays 0.
The motion prevailed. 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.
The following Senate substitute was read:

A BILL
To amend the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), 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; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), is amended by striking subparagraph (c)(2)(A) of Section 8, which reads as follows:
"(A) Except as otherwise provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation.",
and inserting in its place the following:
"(A) Except as provided in subparagraphs (B), (C), and (D) of this paragraph, a residential zone shall exist for ten years after the effective date of its creation."
SECTION 2.
Said Act is further amended by adding at the end of paragraph (2) of subsection (c) of Section 8 a new subparagraph to read as follows:
"(D) This subparagraph shall apply to any residential enterprise zone which is located within an area designated by the federal government as an 'empowerment zone,' where the effective date of the creation of that enterprise zone was January 1, 1998, and where the City of Atlanta issued no certificate of occupancy for any residential space in that zone before January 1, 1999. For a residential enterprise zone which meets these criteria, the effective date for tax abatement in such zone shall be January 1 of the year immediately following the year when a building permit for residential development, construction, rehabilitation, or any combination thereof, is first obtained in said zone. The period of tax abatement shall begin on that effective date for tax abatement and shall remain in existence for ten years thereafter. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on that effective date for tax abatement. In no event shall property be granted the exemption provided under this subparagraph for more than ten years. In no event shall funds already paid in taxes be

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retroactively reimbursed as a result of this provision. Further, in no event shall this provision provide for an effective date of tax abatement which chronologically precedes an effective date already established in law."

SECTION 3.
Said Act is further amended by striking subsection (a) of Section 10 and inserting in its place a new subsection to read as follows:

"(a) The City of Atlanta shall establish the effective date for the creation of a zone as January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone, unless otherwise provided in this Act."

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 Dean of the 48th moved that the House agree to the Senate substitute to HB 477.

On the motion, the ayes were 110, nays 0.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
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 Competition 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 analyses and hold a public hearing prior to authorizing the delivery of cable service.

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

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

Y Alien Y Anderson
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
Buckner

Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway E 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 E Day Y Dean Y DeLoach, B E 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
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
Y Jamieson Y Jenkins Y Jennings E 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
McClinton
McKinney Millar Mills Mobley
Morris
Mosley Mueller O'Neal

WEDNESDAY, MARCH 17, 1999

Y Orrock
Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Eagas Y Randall Y Ray Y Reaves Y Reece
Heed E Reese
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
Smyre Y Snelling Y Snow
Squires
Y Stallings Y Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague

1835
Teper TUlman 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 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its members; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend SB 241 by striking "an effective date" from lines 17 and 18 of page 2 and inserting "effective dates" in their place.
By striking lines 12 through 15 of page 16 and inserting in their place the following:
"in office on June 30, 1999, shall expire July 1, 1999, except that the Governor by executive order may provide that such terms expire after July 1, 1999, but no later than July 1, 2000, and upon the appointment and qualification of their respective successors. Those successors shall be appointed by the Governor for terms of office beginning on the later of July 1, 1999, or the date immediately following the expiration of the terms of office of those members in office on June 30, 1999, with"
By striking the quotation marks on line 38 of page 18 and inserting between lines 38 and 39 of page 18 the following:
"(k) The board shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request.'"
By adding before the period on line 8 of page 30 the following:

1836

JOURNAL OF THE HOUSE

", except that Sections 12, 13, and 25 of this Act and any other provisions of this Act relating to the transfer of the Composite State Board of Medical Examiners from the jurisdiction of the Secretary of State shall not become effective upon July 1, 1999, if the Governor by executive order issued before that date determines such transfer to be impracticable on that date, in which event those sections and provisions shall become effective upon the effective date specified in that executive order but no later than
July 1, 2000".

The following amendment was read:

Representative Mobley of the 69th moves to amend SB 241 as follows: Page 1, line 13 following Health, add "Awareness" Page 6, line 4 following Health, add "Awareness" Page 6, line 16 following Health, add "Awareness" Page 6, line 32 following Health, add "Awareness".

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

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 Y Brooks Y Brown
N Buck Buckner
N Bulloch Y Bunn Y Burkhalter
N Byrd Y Callaway E Campbell N Cash
N Channell N Childers N Clark N Coan N Coleman, B N Coleman, T N Connell
N Cooper N Cox N Crawford N Cummings
Y Davis, M

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

N Hugley
Y Irvin N Jackson, B Y Jackson, L
Y James N Jamieson N Jenkins N Jennings Y Jones N Joyce
N Kaye N Lane N Lewis N Lord N Lucas
Maddox Y Mann Y Manning N 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 N CTNeal
Orrock N Parham N Parrish
N Parsons

N Pelote N Pinholster
N Poag N Ponder
N Porter N Powell N Purcell
Y Ragas Y Eandall
N Ray N Reaves N Reece
Y Reed Y Reese N Reichert N Rice N 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

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 36, nays 129. The amendment was lost. The following amendment was read: Representative Williams of the 114th moves to amend SB 241 as follows:

WEDNESDAY, MARCH 17, 1999

1837

Page 7 line 37 strike "small businesses and "

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 Y Bohannon N Bordeaux N Borders N Bridges N Brooks Y Brown N Buck
Buckner N Bulloch
Bunn Y Burkhalter N Byrd Y Callaway
E Campbell Y Cash N Channel! N Childers N Clark Y Coan N Coleman, B
Coleman, T Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T
E Day N Dean
Y DeLoach, B E DeLoach, G
Y Dix N Dixon
N Dodson N Dukes Y Ehrhart
Epps Y Evans N Everett Y Felton
N Floyd Y Franklin
Y 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 Y Irvin N Jackson, B
N Jackson, L
N James N Jamieson N Jenkins
Y Jennings N Jones N Joyce
Kaye N Lane Y Lewis Y Lord N Lucas N Maddox
N 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 Y Morris N Mosley Y Mueller N CWea!
N Orrock N Parham N Parrish Y Parsons

N Pelote N 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 Y Rice Y Richardson
N Roberts Y Rogers
N Royal Y Sanders
Y Sauder Y Scarlett N Scheid N Scott N Shanahan Y Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B N Smith, C N Smith, C.W N Smith, L

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

On the adoption of the amendment, the ayes were 51, nays 116.

The amendment was lost.

The following amendment was read:

Representative Callaway of the 81st moves to amend SB 241 as follows: Strike on pg 7 line 34 after the word "this" to line 39 to the word "state;".

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

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

N Bridges N Brooks
Y Brown N Buck
Buckner
N Bulloch Y Bunn N Burkhalter N Byrd Y Callaway E Campbell N Cash

N Channell N Childers N Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper Y Cox N Crawford N Cummings Y Davis, M

N Davis, T
E Day
N Dean N DeLoach, B E DeLoach, G N Dix N Dixon N Dodson N Dukes N Ehrhart
Epps Y Evans

N Everett N Felton
N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner Y Harbin
Harrell

1838
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 N Jackson, B N Jackson, L N James N Jamieson N Jenkins Y Jennings N Jones N Joyce Y Kaye N Lane

JOURNAL OF THE HOUSE

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 N McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTsIeal 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 Y Rice Y Richardson N Roberts N Rogers N Royal Y Sanders N Sauder N Scarlett N Scheid

N Scott N Shanahan N Shaw Y 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 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
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 N Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 31, nays 139.

The amendment was lost.

The following amendment was read and adopted:

Representative Brown of the 130th moves to amend SB 241 by striking the word "and" on line 7 on page 3. By striking the period at the end of line 11 on page 3 and inserting in lieu thereof "; and". By inserting between lines 11 and 12 on page 3 the following:

"(5) To focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility."

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 N Ashe Y Bailey
Y Bannister
Barnard
Y Barnes Y Benefield Y Birdsong N 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
E 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
E Day

Y Dean Y DeLoach, B
E DeLoach, G Y Dix Y Dixon Y Dodson Y 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
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

WEDNESDAY, MARCH 17, 1999

1839

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

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

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 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, as amended, the ayes were 164, nays 6.

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

The report of the Committee, which was favorable to the 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 E Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Clark N Coan

Y Coleman, B Y Coleman, T
Y Connell Y Cooper Y Cox
N Crawford Y Cummings Y Davis, M
Y Davis, T E Day Y Dean Y DeLoach, B
E 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
Hecks tall 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 N 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 E 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

1840
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

JOURNAL OF THE HOUSE

Y Smyre Y Snelling
Snow Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner

Y Stephens Y Stokes
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 N Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 6.

The Bill, having received the requisite constitutional majority, was passed.
SB 111. By Senators Hecht of the 34th, Meyer von Bremen of the 12th and Starr of the 44th:
A hill 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.

The report of the Committee, which was favorable to the 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 E Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway E 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 Y Dean Y DeLoach, B E 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 Manner Y Harbin Y Harrell Y Heard
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
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 E Massey Y McBee Y McCall Y McClinton Y 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
Eandall Y Ray Y Reaves
Reece Y Reed Y Eeese Y Reichert Y Eke 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 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 0.

WEDNESDAY, MARCH 17, 1999

1841

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

Representative Unterman of the 84th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HR 443. By Representatives Barnard of the 154th, Banner 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 Department of Natural Resources to exercise caution in the issuance of permits to private companies for aquifer storage and retrieval of water.

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 Ajlderson 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
E 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 E Day Y Dean Y DeLoach, B E 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 E 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 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
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 Handall 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 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 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Due to a mechanical malfunction, the vote of Representative Mueller of the 152nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolution of the House was read:

1842

JOURNAL OF THE HOUSE

HR 582. By Representatives Reed of the 52nd, Holmes of the 53rd, Ashe of the 46th, Sinkfield of the 57th, McClinton of the 68th and others:
A resolution commending the Westlake High School boys basketball team.

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

Y Alien Y Anderson
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 E 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 E Day Y Dean Y DeLoach, B E DeLoach, G
Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans
Everett
Y Felton Y Floyd
Franklin
Y Golick Y Graves
Greene
Y Grindley Y Hammontree
Hanner Y Harbin E 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 Y Jennings
Y Jones Y Joyce Y Kaye
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 Y McKinney
Y Millar Y Mills
Mobley
Y Morris
Y Mosley
Y Mueller O'Neal
Y Orrock Parham
Y Fairish 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 Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims Y Sinkfield
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
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 adoption of the Resolution, the ayes were 151, nays 0. The Resolution was adopted. The Speaker announced the House in recess until 1:15 o'clock this afternoon.

WEDNESDAY, MARCH 17, 1999

1843

AFTERNOON SESSION

Representative Skipper of the 137th called the House to order.
The following Resolutions of the House were read and adopted: HR 583. By Representatives Barnes of the 97th, Buckner of the 95th, Bailey of the
93rd, Dodson of the 94th and Benefield of the 96th: A resolution commending Susan Margaret Boesche and congratulating her as the winner of the 1999 Agriculture Department Art Contest. HR 584. By Representatives Hudson of the 156th, Smith of the 169th and Coleman of the 142nd: A resolution expressing best wishes for a speedy recovery to Mr. Wiley Vaughn. HR 585. By Representatives Bailey of the 93rd, Benefield of the 96th, Dodson of the 94th and Barnes of the 97th: A resolution commending Sharon Chafin. HR 586. By Representative Smith of the 109th: A resolution commending Warden Tony A. Turpin. HR 587. By Representative Pelote of the 149th: A resolution recognizing International Longshoremen's Association Local 1414. HR 588. By Representative Purcell of the 147th: A resolution commending the Effingham County High School Rebelaires. HR 589. By Representative Purcell of the 147th: A resolution commending Mr. Horace L. Cheek, Jr. HR 590. By Representative Royal of the 164th: A resolution commending Mitchell County Hospital. HR 591. By Representative Sims of the 167th: A resolution honoring the memory of Herbert Eugene Belcher. HR 592. By Representative Rogers of the 20th: A resolution commending Coach Jerry Davis. HR 593. By Representative Rogers of the 20th: A resolution recognizing and commending Reverend C. C. Cloud. HR 594. By Representative Shanahan of the 10th: A resolution commending Mrs. Sylvia Gentry on the occasion of her retirement. HR 595. By Representative Channell of the lllth: A resolution commending David Torbert. HR 596. By Representative Channell of the lllth: A resolution commending Shera Baker-Walton. HR 597. By Representative Channell of the lllth: A resolution commending Terri Thornton.

1844

JOURNAL OF THE HOUSE

HR 598. By Representative Channell of the lllth: A resolution commending John Rouch.
HR 599. By Representative Channell of the lllth: A resolution commending Bob Rainwater.
HR 600. By Representative Channell of the lllth: A resolution commending Linda Parrish.
HR 601. By Representative Channell of the lllth: A resolution commending John Mothershead.
HR 602. By Representative Channell of the lllth: A resolution commending Becky Hopkins.
HR 603. By Representative Channell of the lllth: A resolution commending Jessie Marion.
HR 604. By Representative Channell of the lllth: A resolution commending Michael Lightsey.
HR 605. By Representatives Hammontree of the 4th and Mann of the 5th: A resolution honoring Bishop Charles H. Ellison, Sr., and expressing regret at his passing.
HR 606. By Representative Channell of the lllth: A resolution commending Ruth Hendrix.
HR 607. By Representative Channell of the lllth: A resolution commending Mike Hayes.
HR 608. By Representative Channell of the lllth: A resolution commending Ben Hansford.
HR 609. By Representative Channell of the lllth: A resolution commending Gary Garrett.
HR 610. By Representative Channell of the lllth: A resolution commending Becky Cronic.
HR 611. By Representative Channell of the lllth: A resolution commending Brandi Cooper.
HR 612. By Representative Channell of the lllth: A resolution commending Isaac Cleveland.
HR 613. By Representative Channell of the lllth: A resolution commending Mark Channell.
HR 614. By Representative Channell of the lllth: A resolution commending Vida Boyd.
HR 615. By Representative Channell of the lllth: A resolution commending Richard Campbell.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: 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

WEDNESDAY, MARCH 17, 1999

1845

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.
The following Committee substitute was read and adopted:

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; to provide for origination of registration; to provide for form and effect of registration; to provide for ownership on death of owner; to provide for protection of registering entities; to provide for nontestamentary transfer on death; to provide for terms, conditions, and forms for registration; to provide for applicability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to probate under the Revised Probate Code of 1998, is amended by inserting at the end thereof a new article to read as follows:

53-5-60.

"ARTICLE 7

This article shall be known and may be cited as the 'Uniform Transfer on Death Security Registration Act.'
53-5-61.

As used in this article, the term:
(1) 'Beneficiary form' means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) 'Register,' including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.
(3) 'Registering entity' means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) 'Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account.
(5) 'Security account' means:

1846

JOURNAL OF THE HOUSE

(A) A reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; or
(B) A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
53-5-62.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or as owners of community property held in survivorship form and not as tenants in common.
53-5-63.

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office making the registration, or by this or a similar statute of the state listed as the owner's address at the time of registration. A registration governed by the law of a jurisdiction in which this or a similar statute is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.
53-5-64.

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.
53-5-65.

Registration in beneficiary form may be shown by the words 'transfer on death' or the abbreviation 'TOD,' or by the words 'pay on death' or the abbreviation 'POD,' after the name of the registered owner and before the name of a beneficiary.
53-5-66.

The designation of a transfer on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all the then surviving owners without the consent of the beneficiary.
53-5-67.

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survive the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.

WEDNESDAY, MARCH 17, 1999

1847

53-5-68.

(a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this article.

(b) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner as provided in this article.
(c) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with Code Section 53-5-67 and does so in good faith reliance on the registration, on this article, and on information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this article do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this article.

(d) The protection provided by this article to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
53-5-69.

(a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this article and is not testamentary.
(b) This article does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state. 53-5-70.

(a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cancellation of previously registered transfer on death beneficiary designations and requests for reregistration to effect a change of beneficiary. The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters 'LDPS,' standing for lineal descendants per stirpes. This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death governing inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in a registering entity's terms and conditions.

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(b) The following are illustrations of registrations in beneficiary form which a registering entity may authorize:
(1) Sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown, Jr.;
(2) Multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr.;
(3) Multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown, Jr., LDPS. 53-5-71.

This article applies to registrations of securities in beneficiary form made before or after July 1, 1999, by decedents dying on or after July 1, 1999."

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 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
Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway E 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 E Day
Dean
DeLoach, B E DeLoach, G
Dix Y 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 Hanner Y Harbin E 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 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
McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills
Mobley
Y Morris Y Mosley Y Mueller Y OTSIeal
Orrock
Parham
Y Parrish Y Parsons

Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell
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
Scarlett
Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
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
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
Turnquest
Y Twiggs Y Unterman
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

WEDNESDAY, MARCH 17, 1999

1849

On the passage of the Bill, by substitute, the ayes were 142, 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. Representative Lucas of the 124th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB
2S4R1. 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 Agriculture to provide greater opportunities to the farmers of the United States by taking greater advantage of the export enhancement program.

Committee, which was favorable to the adoption of the Resolution, was The report of the 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
Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch Y Bunn Y Burkhalter
Y Byrd Y Callaway E 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
E Day Dean
Y DeLoach, B E DeLoach, G
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 E 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 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 Mobley Y Morris Y Mosley Y Mueller Y O'Neal Orrock Parham Y Parrish Y Parsons

Pelote Y Pinholster
Y Poag Y Ponder
Porter Y Powell Y Purcell
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
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
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
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 adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

1850

JOURNAL OF THE HOUSE

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.

The report of the Committee, which was favorable to the 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 E Campbell Y Cash Y Channel! Y Childers Y Clark
Coan Y Coleman, B
Coleman, T Y Connell
Cooper Y Cox Y Crawfbrd Y Cummings Y Davis, M

Y Davis, T E Day Y Dean
Y DeLoach, B E DeLoach, G
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 E 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 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
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
Porter
Y Powell Y Parcel!
Ragas
Randall Y Ray
Reaves
N Reece
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
Smyre Y Snelling Y Snow
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
Twiggs Y Unterman
Walker, L Y Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J
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.
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.

WEDNESDAY, MARCH 17, 1999

1851

The report of the Committee, which was favorable to the 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 E 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 E Day Y Dean Y DeLoach, B E 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 E 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

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 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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 allowances for jurors shall not exceed $50.00 per diem.
The following amendment was read and adopted:
Representative Everett of the 163rd moves to amend SB 103 as follows: Page 1, line 3 delete from the "," after the word juries reword to read as follows
"," so as to provide that expense allowances for jurors shall not exceed $50.00 per diem; to repeal conflicting laws; and for other purposes. Page 1, line 29, change $35.00 to $50.00. On line 29, page 1 delete from the "," after the word diem to the period on line 33 after the word diem.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

1852

JOURNAL OF THE HOUSE

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 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 E 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
Dean Y DeLoach, B E DeLoach, G
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 Manner Y Harbin E 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
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 Fairish Y Parsons

Pelote
Y Pinholster Y Poag Y Ponder
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 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
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, as amended, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
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 Security system and ensuring that it continue to be universal and mandatory, with risk pooled among all workers.

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
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

E 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 E 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
E Barrell Y Heard
Heckatall 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 Y Jenkins Y Jennings

WEDNESDAY, MARCH 17, 1999

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 Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWea! Y Orrock

Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag Y Ponder
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 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

1853
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 161, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
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.
The following Committee substitute was read and adopted:
A RESOLUTION
Urging the Department of Community Affairs to consider amending the State Minimum Standard Building Codes to suggest that all newly constructed buildings that are required to have ramps for access for disabled and senior adults also have automatic door openers; and for other purposes.
WHEREAS, there are increasing numbers of senior Georgians and disabled Georgians who are active in the community; and
WHEREAS, these Georgians have more access to public and commercial buildings due to the installation of ramps; and
WHEREAS, the installation of ramps assists with the accessibility of a building but may not permit the building to be fully accessible because the door does not have an automatic door opener; and WHEREAS, the installation of an automatic door opener would make the building with the ramp fully accessible.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body urge the Department of Community Affairs to consider amending the State Minimum Standard Building Codes to suggest that any and all newly constructed buildings that are required to be accessible by ramp should also have

1854

JOURNAL OF THE HOUSE

automatic door openers at the ramp-accessible door so that individuals who use wheelchairs, walkers, crutches, canes, or other assistive devices will not be kept outside of the building because the door is too heavy or awkward to open.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Community Affairs.

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
N Borders
Y Bridges
Y Brooks
Y Brown
Y Buck
Y Buckner
Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway E 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 E Day
Y Dean
Y DeLoach, B
E 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 E 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 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
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 adoption of the Resolution, by substitute, the ayes were 163, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representatives Jones of the 71st stated that he had been called from the floor of the House during the roll call on SB 12, SR 135, SB 47, SB 39, SB 103 and HR 264. He wished to be recorded as voting "aye" thereon.
Representative McKinney of the 51st stated that he had been called from the floor of the House during the roll call on SR 135, SB 103 and HR 264. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 17, 1999

1855

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.
The following Committee substitute was read:

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; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, and Article 4 of Chapter 18 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to change provisions relating to inspection and copying of Georgia Uniform Motor Vehicle Accident Reports; to provide for circumstances when such reports may be inspected or copied; to provide that the prohibitions, procedures, and fees of the article do not apply when public records are requested in writing by a grand jury, taxing authority, law enforcement agency, or prosecuting attorney in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that many Georgia citizens continue to use their social security numbers as their driver's license numbers, and that the driver's license numbers of drivers involved in a motor vehicle accident, as well as the drivers' home addresses, telephone numbers, descriptions of motor vehicles owned or operated by the drivers, their insurance carriers, and insurance policy numbers, are routinely recorded on Georgia Uniform Motor Vehicle Accident Reports. The General Assembly further finds that this information can be used and has been used to invade the privacy of persons involved in motor vehicle accidents, to commit the crime of financial identity fraud against such persons and to defraud individuals, insurance carriers, other business entities, and agencies and political subdivisions of the state government. The General Assembly further finds that, although there are many sources for identifying information regarding individuals, access to Georgia Uniform Motor Vehicle Accident Reports is a particularly easy and convenient method of gathering information for fraudulent purposes and for invading the privacy of individuals, and that restricting such access will be useful in combating privacy invasion and financial identity fraud.
SECTION 2.
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relative to law enforcement officers and agencies, is amended by striking in its entirety Code Section 35-1-9, relating to inspection or copying of law enforcement records for commercial solicitation, and inserting in lieu thereof the following:
"35-1-9.
(a) It shall be unlawful for any poraon to inspect or copy any rccorda of a law enforce mont agency to which the public has a right of aeccas under paragraph (4) of subsection (a) of Code Section 60 18 72 for the purpose of obtaining the names and addrcaaca

1856

JOURNAL OF THE HOUSE

of the victima of crimes or persona charged with crimes or persons involved in motor vehicle aeeidcnta or other information contained in such records for any commercial solicitation of ouch individuals or relatives of auch individuals.
(b) The provioiona of subsection (a) of this Code section shall not prohibit the publication of such information by any ncwa media or the uac of auch information for any other lawful data collection or tmalyoia purpooc.
(c) Any pcroon who violates any provision of subsection (a) of thio Code section ahall be guilty of a niiodcmcanor.Reserved."
SECTION 3.
Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping records regarding applications for drivers' licenses and information on licensees, is amended by striking subsection (b) in its entirety and inserting in lieu thereof the following:
"(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, accident reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject to disclosure pursuant to paragraph (4.1) of subsection (a) of Code Section 50-18-72. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721."
SECTION 4.
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 50-18-72, relating to when public disclosure is not required for public records, by striking in its entirety paragraph (4) of subsection (a) and inserting in its place the following:
"(4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports, accident rcporto, and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said investigation and prosecution has become final or otherwise terminated;"
SECTION 5.
Said Code section relating to when public disclosure is not required for public records is further amended by inserting a new paragraph to be designated paragraph (4.1) to read as follows:
"(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided further that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this

WEDNESDAY, MARCH 17, 1999

1857

subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident;
(B) Owns or leases an interest in property allegedly or actually damaged in the accident;
(C) Was allegedly or actually injured by the accident;
(D) Was a witness to the accident;
(E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident;
(F) Is a prosecutor or a publicly employed law enforcement officer;
(G) Is alleged to be liable to another party as a result of the accident;
(H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe;
(I) Is gathering information as a representative of a news media organization; or
(J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request."
SECTION 6.
Said Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is further amended by inserting a new Code Section 50-18-77 to read as follows:
"50-18-77.

The procedures and fees provided for in this article shall not apply to public records, including records that are exempt from disclosure pursuant to Code Section 50-18-72, which are requested in writing by a state or federal grand jury, taxing authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing administrative, criminal, or tax investigation. The lawful custodian shall provide copies of such records to the requesting agency unless such records are privileged or disclosure to such agencies is specifically restricted by law."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Reichert of the 126th and Kaye of the 37th move to amend the Committee substitute to SB 20 as follows: P. 4 line 37 following the word "request" add
"and which shall have the name, street address, telephone number and driver's license number redacted."
The Committee substitute, as amended, was adopted.

1858

JOURNAL OF THE HOUSE

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

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

Y Alien
Y 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 CaUaway E 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 E Day
Dean Y DeLoach, B E DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y 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 E 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
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 Heed 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
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, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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 payment of such supplements; to change the proportion of such supplements which each county shall pay.
The following amendment was read and adopted:
Representatives Jenkins of the 110th, Cash of the 108th, Smith of the 109th and Sanders of the 107th move to amend SB 220 by striking "Towaliga" and inserting in its place "Flint" on line 29 of page 2. By inserting "Henry," between "Butts," and "Lamar," on line 31 of page 2.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

WEDNESDAY, MARCH 17, 1999

1859

On the passage of the Bill, as amended, the roll call was ordered and the vote was 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 E Day
Dean Y DeLoach, B E DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y 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 E 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 N 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
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
Scheid
Y Scott
Y Shanahan
Y Shaw
Y Shipp
Y Sholar
Y Sims
Y Sinkfield 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
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, as amended, the ayes were 157, nays 1.

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

The Speaker Pro Tern assumed the Chair.
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 Community 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.

The report of the Committee, which was favorable to the 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

N Bridges Y Brooks Y Brown Y Buck

Buckner Bulloch Bunn Burkhalter

1860
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

JOURNAL OF THE HOUSE

Y Golick Y Graves Y Greene
Grindley
N Hammontree Y Hanner Y Harbin E 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
Kaye Y Lane

N Lewis
Y Lord Y Lucas Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
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
Pinholster Y Poag Y Ponder Y Porter
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
N Royal N Sanders
Y Sauder
Y Scarlett Y Scheid N Scott Y Shanahan Y Shaw Y Shipp N 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 Y 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 138, nays 24.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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.
The following Senate amendment was read:
Amend the House substitute to SB 109 by striking lines 1 through 24 on page 1 and inserting in lieu thereof the following: "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 1, 2, 34, and 44; 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. Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of senatorial districts 1, 2, 34, and 44 which are described in the paragraph immediately following the

WEDNESDAY, MARCH 17, 1999

1861

second sentence of subsection (a) thereof and inserting in its place the description of senatorial districts 1, 2, 34, and 44 attached to this Act and made a part hereof and further identified as: 'Operator: state Client: senate Plan: sb!09am2.'
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."
District No. 1 BRYAN Tract: 9203. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 233A, 233B, 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, 263, 264, 265, 266, 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, 295, 296, 297 CHATHAM Tract: 0029. Tract: 0030. Tract: 0034. Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0035.01 Tract: 0035.02 Block: 301, 303, 304, 305, 306, 307, 308, 309, 310, 312, 313, 314 Block Group: 4 Tract: 0039. Block Group: 1 Block: 401, 402, 403 Tract: 0040.01 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0040.02 Block: 106A, 106B, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116A, 116B, 117A, 117B Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0041. Tract: 0042.02 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7

1862

JOURNAL OF THE HOUSE

Block Group: 8 Block Group: 9 Tract: 0042.03 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0042.05 Tract: 0042.06 Tract: 0045. Block: 101B, 102 Tract: 0105.01 Block: 102A, 102B, 103A, 103B, 105A, 105B, 106, 107, 108, 109, 207A, 207B, 208, 209, 210, 211A, 211B, 212A, 214, 215, 216, 217, 218, 219A, 219B, 220, 221A, 221B, 222A, 222B, 222C, 223, 224, 225, 226, 227A, 227B, 228A, 228B, 229, 230, 231 Block Group: 3 Block Group: 4 Block Group: 5 Tract: 0105.02 Block: 101A, 101B, 107A, 107B, 108, 109, 213 Tract: 0106.04 Block: 142A, 143A, 147A, 148, 149 Tract: 0108.04 Tract: 0108.06 Tract: 0108.07 Tract: 0108.97 Block: 108A, 109, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142 Block Group: 2 Tract: 0108.98 Tract: 0109.01 Tract: 0109.02 Tract: 0110.02 Tract: 0110.03 Tract: 0110.04 Tract: 0111.01 Block: 204, 205, 206, 207A, 225 Block Group: 3 Tract: 0111.02 Tract: 0111.03 Tract: 0111.99
District No. 2 CHATHAM Tract: 0001. Tract: 0003. Tract: 0006.01 Tract: 0008. Tract: 0009. Tract: 0010. Tract: 0011. Tract: 0012. Tract: 0013. Tract: 0015.

WEDNESDAY, MARCH 17, 1999

1863

Tract: 0017.
Tract: 0018.
Tract: 0019.
Tract: 0020.
Tract: 0021.
Tract: 0022.
Tract: 0023.
Tract: 0024.
Tract: 0025.
Tract: 0026.
Tract: 0027.
Tract: 0028.
Tract: 0032.
Tract: 0033.01
Tract: 0033.02
Tract: 0034.
Block Group: 1 Block Group: 2 Tract: 0035.02 Block Group: 1 Block Group: 2 Block: 302 Tract: 0036.01 Tract: 0036.02 Tract: 0037. Tract: 0038. Tract: 0039. Block Group: 2 Block Group: 3 Block: 404, 405, 406A, 406B, 407A, 407B, 408, 409, 410A, 410B, 411, 412A, 412B Tract: 0040.01 Block Group: 1 Tract: 0040.02 Block: 101, 102, 103, 104A, 104B, 105, 118A, 118B Tract: 0042.02 Block Group: 1 Tract: 0042.03 Block Group: 1 Block Group: 2 Tract: 0043. Tract: 0044. Tract: 0045. Block: 101A, 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, 134A, 134B, 134C Block Group: 2 Block Group: 3 Block Group: 4 Tract: 0101.01 Tract: 0101.02 Tract: 0102. Tract: 0105.01 Block: 101A, 101B, 104A, 104B, 201, 202, 203A, 203B, 204A, 204B, 205A, 205B, 206, 212B, 213 Tract: 0105.02

1864

JOUKNAL OP THE HOUSE

Block: 102, 103, 104, 105, 106, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 Tract: 0106.01 Tract: 0106.03 Tract: 0106.04 Block: 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123, 124A, 124B, 125, 126A, 126B, 127A, 127B, 127C, 128, 129A, 129B, 130, 131A, 131B, 132, 133, 134, 135A, 135B, 136, 137, 138, 139, 140, 141, 142B, 1438, 144, 145, 146, 147B, 150, 151, 152, 153, 154, 155 Tract: 0106.05 Tract: 0106.99 Tract: 0107.98 Tract: 0108.97 Block: 101B, 102B, 103C, 104B, 106A, 107A, 110, 119, 143, 144, 145B, 146, 147, 148, 149 Tract: 0111.01 Block Group: 1 Block: 201, 202, 203, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 Block Group: 4 Block Group: 5 Tract: 0112.98
District No. 34 CLAYTON Tract: 0404.03 Block: 206A, 206C, 211, 212A, 212B, 214A, 214B, 217, 218, 220, 221A, 221B, 222, 223, 224 Tract: 0404.05 Block: 201, 202, 203, 204, 205, 208, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 228 Block Group: 3 Tract: 0404.06 Block: 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 227, 228 Tract: 0405.05 Block: 601A Block: That part of 601B which lies south of a branch of Camp Creek Block: 602, 603, 604, 605, 606, 607, 608, 699A, 609B, 610A, 610B, 611, 612, 613, 614 Tract: 0405.06 Block: 207B, 207C, 207D Block Group: 4 Tract: 0405.07 Tract: 0405.08 Tract: 0406.03 Block Group: 1 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0406.04 Tract: 0406.05 Block: 204, 207A, 207B, 235 Block Group: 3 Block: 504, 506, 514, 515, 516

WEDNESDAY, MARCH 17, 1999

1865

Tract: 0406.06 Tract: 0406.07 Tract: 0406.08 DOUGLAS Tract: 0801.98 Tract: 0802.
Block: 101, 201, 204, 205, 206, 207, 208, 209, 213, 217, 218, 219, 221, 222, 223, 224, 228 Block Group: 3 Block: 401, 402, 403B, 501, 502, 503, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520 Tract: 0806.01 Block: 201, 202, 203, 206, 207, 208, 209, 210, 211, 212, 213, 214 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 0806.02 Tract: 0807.97 FAYETTE Tract: 1401.01 Tract: 1401.02 Tract: 1402.01 Tract: 1402.02 Block: 301, 302B, 303, 304B, 305B, 305C, 305D, 307, 308, 401, 402, 403B, 403C, 406, 407, 501B, 502B, 502C, 502D, 504, 505, 506B, 508B Tract: 1404.01 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307A, 307E, 307F, 307G, 307H, 308, 309, 310A, 310B, 310C, 311, 312A, 312B, 312C, 312E, 313A, 313B, 314A, 315A, 318A, 318B, 319A, 320, 321A Block Group: 5 Tract: 1404.02 Block Group: 1 Block Group: 2 Block Group: 3 FULTON Tract: 0103.01 Block: 710, 711, 712, 713, 714, 715, 716, 717, 718, 719, 720, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, Block: 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840 Tract: 0104.
District No. 44 CLAYTON Tract: 0401. Tract: 0402. Tract: 0403.01 Tract: 0403.02 Tract: 0403.03 Tract: 0403.04 Tract: 0403.05 Tract: 0404.01 Tract: 0404.02 Tract: 0404.03 Block Group: 1

1866

JOURNAL OF THE HOUSE

Block: 201, 202, 203, 204, 205, 206B, 206D, 207, 208, 209, 210A, 210B, 213,
214C, 215, 216, 219, 225, 226, 227, 228, 229 Block Group: 3 Block Group: 4 Tract: 0404.05 Block Group: 1 Block: 206, 207, 227 Tract: 0404.06 Block Group: 1 Block: 201, 202, 203, 218, 219, 220, 234, 235, 236, 237
Block Group: 9 Tract: 0405.03 Tract: 0405.04 Tract: 0405.05
Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: That part of 601B which lies north of a branch of Camp Creek
Tract: 0405.06 Block: 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C,
212, 213, 214, 215, 216 Block Group: 3 Tract: 0406.03 Block Group: 2 Block Group: 3 Block Group: 7 Block Group: 9 Tract: 0406.05 Block: 201, 202, 203A, 203B, 205A, 205B, 206A, 206B, 208, 226, 230, 231, 232, 233, 236, 237, 238, 239, 240, 241, 243 Block Group: 4 Block: 501, 502, 503, 505, 507, 508, 509, 510, 511, 512, 513

Representative Smith of the 169th moved that the House agree to the Senate amendment to the House substitute to SB 109.

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 N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck N Buckner Y Bulloch Y Bunn
Y Burkhalter Y Byrd N Callaway E Campbell

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

Y Epps
N Evans
Everett
Y Felton Y Floyd N Franklin
Golick
Y Graves Y Greene Y Grindley Y Hammontree Y Hanner Y Harbin E Harrell Y Heard
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 N Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings
Y Jones N Joyce
Kaye Y Lane
Y Lewis Y Lord
N Lucas N Maddox N Mann Y Manning Y Martin, J Y Martin, J.L

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

Y Ragas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice Y Richardson N Roberts Y Rogers Y Royal

WEDNESDAY, MARCH 17, 1999

1867

N Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
Shaw Y Shipp Y Sholar Y Sims N 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 Y Smith, V Y Smyre
Snelling Y Snow Y Squires Y Stallings N Stancil

Y Stanley, P Stanley-Turner
Y Stephens Y Stokes Y Stuckey N Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense
Turnquest Twiggs

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

On the motion, the ayes were 136, nays 28.
The motion prevailed.
Representative Lucas of the 124th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: 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 following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law; to provide that terms used in the Georgia law shall have the same meaning as when used in a comparable provision or context in federal law; to provide for relief from joint and several liability on joint returns for innocent spouses; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide for other matters related to the foregoing; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to definitions of terms, and inserting in its place a new paragraph to read as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means the United States Internal Revenue Code of 1986 provided for in federal law enacted on or before January 1, 1908 1999. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 1908 1999, the term means the Internal Revenue Code

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or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986."

SECTION 2.
Said title is further amended by adding a new subsection at the end of Code Section 487-86, relating to penalty for failure to pay or for underpayment of income taxes, to be designated subsection (g), to read as follows:

"(g)(l) Notwithstanding any other provision of this Code section to the contrary, if:
(A) A joint return has been made for a taxable year;
(B) On such return there is an understatement of tax attributable to erroneous items of one individual filing the joint return;
(C) The other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement;
(D) Taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and
(E) The other individual has made the proper election pursuant to Section 6015 of the Internal Revenue Code,

then the other individual shall be relieved of liability for tax, including interest, penalties, and other amounts, for such taxable year to the extent such liability is attributable to such understatement, if such other individual has been relieved of liability for federal income taxes pursuant to Section 6015 of the Internal Revenue
Code.

(2) The commissioner shall promulgate any rules and regulations necessary to implement and administer this subsection."

SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1999. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1999, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes.

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

Representative Buck of the 135th moved that the House agree to the Senate substitute to HB 56.

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
Borders Y Bridges Y Brooks
Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway
E 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 E Day
Dean Y DeLoach, B

E 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
Graves
Y Greene Y Grindley Y Hammontree Y Banner
Y Harbin E Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston

WEDNESDAY, MARCH 17, 1999

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
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 CWeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag Y Ponder Y Porter
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
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

1869
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 motion, the ayes were 163, nays 0.

The motion prevailed.

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 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.

The following Senate amendment was read:

Amend HB 158 by striking line 34 of page 1 and inserting in lieu thereof the following:

"its secretary. Five Six members of the commission shall". By striking line 5 of page 2 and inserting in lieu thereof the following:

"acquisitions shall require five six affirmative votes of the".

Representative Lucas of the 124th moved that the House agree to the Senate amendment to HB 158.

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

Y Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd

Y Callaway E 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

1870
Y Davis, M Y Davis, T E Day
Dean Y DeLoach, B E 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 E Harrell
Heard Heckstall Y Hegatrom Y Hembree

JOURNAL OF THE HOUSE

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
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 Y Ponder Y Porter Y Powell Y Purcell
Ragas Y Randall Y Ray
Reaves Y 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

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 motion, the ayes were 166, nays 0.
The motion prevailed.
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.
The following Senate substitute was read:
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; 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 relating 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 provide for rules and regulations; to change the provisions regarding sanctions and disciplinary actions by said board; to provide for investigations and the examination of physical

WEDNESDAY, MARCH 17, 1999

1871

premises of dental practices; to change the provisions relating to penalties and continuing education; to change the provisions relating to applicability; 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 11 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation 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 accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency.
ftX3) 'Board' means the Georgia Board of Dentistry.
(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 considered 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.
(3)(6) 'General anesthesia' means a controlled state of depressed consciousness, produced 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 Accreditation 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 instructing in a training clinic or an accredited dental college or accredited 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 standing in this state pursuant to this chapter.

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(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 accredited 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, relating 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 follows: The members of the board who are dentists serving on July 1, 1981, shall continue 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 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 nominated, 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 appointment and is not financially interested in, nor connected with, any dental college 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 vacated. The Georgia Dental Hygienists Association may nominate four reputable dental 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 appointment 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 subsection shall be for a term of two years beginning July 1, 1978, and ending June 30, 1980.

WEDNESDAY, MARCH 17, 1999

1873

(7) The term of the initial member appointed pursuant to paragraph (3) of this subsection 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 citizen 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 practical 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 relate to practical and scientific examination of dentists and dental hygienists for licensing in this state.
(e) The board may bring an action to enjoin any person, firm, partnership, corporation, or other entity who without being licensed or registered to do so by the board engages 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 corporation, or other entity where the firm, partnership, or corporation, or other entity maintains its principal office. Unless it shall be made to appear that such person, firm, er partnership, corporation, or other entity so engaging in or practicing dentistry is licensed or registered, the injunction shall be issued, and such person, firm, or partnership, 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, relating 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, relating 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."

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SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 43-11-11, relating 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 dentists 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, relating 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 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 paving 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, relating 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 appoint any other person to serve any decision, order, w*4 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, relating 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 subpoenas; 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 interfere with or in any manner obstruct such hearing; and may also punish as for a contempt any act of indecorum or discourtesy committed in the presence of the board

WEDNESDAY, MARCH 17, 1999

1875

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 jurisdiction 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 Section 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, relating to compliance with chapter as prerequisite to collection of fees for services, and inserting 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."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 43-11-20, relating 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 colleges or dental departments of reputable colleges and univcraitica 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 demonstrators 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, provided that said students work under the direct supervision and responsibility of a licensed 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 students work under the direct supervision and responsibility of a licensed dentist or dental hygienist as a part of an on-campus training clinic or at affiliated sites approved by said schools or colleges and the board for the purpose of educational training. 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 dentist, licensed dental hygienist, or instructor. These charges shall not exceed charges made by similar dental schools and colleges located within the United States.

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(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 dentist or dental hygienist in this state. Nothing in this chapter shall prevent the conducting 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 individual 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 responsibility 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, relating to exceptions to application of chapter, and inserting in lieu thereof a new Code Section 43-11-22 to read as follows:
"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, relating 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 instructors' 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 instructor'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 liccnacd in an accredited dental college or training clinic or accredited 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 professional 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 eleemosynary or correctional institutions, provided that these dentists possess a license in an-

WEDNESDAY, MARCH 17, 1999

1877

other state, are in good standing in said state, and have graduated from an accredited school of dcntiatry 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 standards 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, relating 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 dentistry 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 practice dentistry."
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. 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, relating 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 licensed 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 include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal 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 Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence 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 conduct 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 resulted in actual injury to any person or be directly related to the practice of dentistry but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing dental practice;
(7)(A) Engaged in the practice of dentistry as an employee of any individual not licensed 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 pursuant to Chapter 10 of Title 14, 'The Georgia Professional Association Act,' or Chapter 7 of Title 14, the 'Georgia Professional Corporation Act,' or engaged in the practice of dentistry as an employee, manager, or member of any limited liability company organized and existing pursuant to CUhnaphter 11 of Title 14 or a lim ited liability partnership pursuant to Chapter 8 of Title 14 other than one in

WEDNESDAY, MARCH 17, 1999

1879

which all members are licensed dentists and all professional services and professional judgment 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?.
(B) Possession of an ownership interest of a deceased licensed dentist in a limited liability company which is wholly owned by licensed dentists as described in subparagraph (A) of this paragraph shall not constitute a violation of that subparagraph if that interest is transferred to another licensed dentist member or redeemed by the limited liability company within six months after the date of death of that licensed dentist member;
(8) Uacd any trade name or corporate name in connection with the practice of dentistry except as authorized by thia paragraph, provided that the board shall be notified in writing of the intended uac of a trade name or corporate name; the party submitting aueh name ahull be notified in writing within 00 days after oubmiooion as to the approval or rejection of the proposed name; if the propoacd name ia rejected, the party aubmitting game shall have 16 days from receipt of notice of the rejection to submit a new proposal or to appear before the board; the board ahull have the authority to reject, in ita discretion, and without a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' any propoacd name which i3 misleading to the public or eonfusingly aimilar to other names having been approved by the board; the board shall not reject any propoacd name witheat reasonable cause; the fact that the name to be used is not the name of the party or parties giving notice shall not be grounds to reject the proposed name; no name rejected for any party ahall be approved for any other party without rcaaonablc cause; and the board shall be authorized to promulgate rulca and regulations to carry oul the purposes of thia 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 suspended 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 regulation 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 disciplinary 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 suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect;
(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 reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of

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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 results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing dentistry under this subsection shall at reasonable intervals 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 prescription; 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, 'advertising" shall include any information communicated in a manner designated to attract public attention to the practice 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 license are adopted and incorporated by reference into this chapter.
(c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, 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 hearing 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 section, 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

WEDNESDAY, MARCH 17, 1999

1881

(6) Condition the penalty upon, or withhold formal disposition pending, the applicant'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 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 superior court of the county of domicile of the board.
(g) In its discretion, the board may reinstate a license which has been revoked or issue 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 provisions 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 behalf of the board shall have access to and shall have the right to examine the physical 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 inquiry shall be admissible at any hearing held to determine whether a violation of this chapter has taken place, regardless of any statutory privilege; provided, however, that any documentary evidence relating to a patient shall be reviewed in camera and shall not be disclosed to the public.
(4) The board shall have the authority to exclude all persons during its deliberations 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 section or any other provision of law relating to a licensee's or applicant's fitness to practice 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

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recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a dentist or a dental hygienist shall be immune from civil and criminal liability for so testifying.
(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 issue a previously denied license nor the denial of an application to use a particular corporate 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, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail, return receipt requested, 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 licensee 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 individuals, partners, or members of any other incorporated or unincorporated associations, 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 expenses, 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 residence 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, relating 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, relating to practice of dentistry without a license, and inserting in lieu thereof a new Code Section 43-11-50 to read as follows:

WEDNESDAY, MARCH 17, 1999

1883

"43-11-50.

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 misdemeanor 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, relating 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, relating to continuing education requirement, waiver, and authority of board, and inserting 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 institutions of higher learning and professional organizations. At least 15 hours of continuing education in each renewal cycle shall be scientifically based. Time required to ob tain certification in cardiopulmonary resuscitation purauant to aubscction (c) of Code Section 43-11-73 ahall not be includablc as continuing education required by this 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, relating 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 rcgu larly licensed physicians licensed in this state in extracting teeth or performing surgical 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, relating 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 article apply to regularly licensed physicians licensed in this state in extracting teeth or performing surgical operations and in charging therefor; or to regularly chartered accredited 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.

Representative Childers of the 13th moved that the House agree to the Senate substitute to HB 295.

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

Y Alien Y Anderson
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 E 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 E Day
Dean Y DeLoach, B E 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 E 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
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 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
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 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 Staffings Y Stancil Y Stanley, P
Stanley-Turner
Y Stephens Y Stokes
Y Stuckey Y Taylor Y Teague Y Teper
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 motion, the ayes were 162, nays 2. The motion prevailed.

WEDNESDAY, MARCH 17, 1999

1885

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 Senate amendments were read:

Senate Amendment No. 1
Amend HB 183 by striking the number "20" on line 6 of page 1 and inserting in lieu thereof the number "25".
By striking the number "20" on line 19 of page 1 and inserting in lieu thereof the number "25".

Senate Amendment No. 2
Amend HB 183 by striking on line 17 of page 1 the word "and" and inserting in lieu thereof the word "or".

Representative Twiggs of the 8th moved that the House agree to the Senate amendments to HB 183.

On the motion, 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
E Campbell
Y 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 Pelton Floyd Franklin Golick Graves Greene Grindley Hammontree Banner 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
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

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
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

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On the motion, the ayes were 167, nays 1.
The motion prevailed.
The following Resolution of the House was read and referred to the Committee on Rules: HR 619. By Representative Murphy of the 18th:
A resolution commending Herbert E. Newman 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 248 Do Pass, by Substitute
Respectfully submitted, /s/ Parrish of the 144th
Chairman
Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 522 Do Pass, as Amended SB 195 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 13th
Chairman
Representative Hudson of the 156th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

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

SB 99 Do Pass, by Substitute SB 138 Do Pass, by Substitute SB 170 Do Pass, by Substitute

SB 178 Do Pass SB 193 Do Pass, by Substitute SB 230 Do Pass, as Amended

WEDNESDAY, MARCH 17, 1999

1887

Respectfully submitted, /s/ Hudson of the 156th
Chairman
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

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

SB 140 Do Pass, by Substitute SB 146 Do Pass SB 148 Do Pass, by Substitute

SB 196 Do Pass, by Substitute SB 245 Do Pass

Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 123 Do Pass, by Substitute SB 154 Do Pass

SB 155 Do Pass, by Substitute SB 231 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:
HR 293 Do Pass HR 523 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:

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Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 164 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman
Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 76 Do Pass SB 197 Do Pass SB 205 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.

THURSDAY, MARCH 18, 1999 Representative Hall, Atlanta, Georgia
Thursday, March 18, 1999

1889

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Larry B. Roberts, Pastor, First United Methodist Church, Dublin, Georgia.
The members pledged allegiance to the flag.
Representative West of the 101st, Vice-Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1037. By Representatives Sinkfield of the 57th, McKinney of the 51st, Reece of the llth, Smith of the 12th, Pelote of the 149th 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 an increase in retirement allowances for certain retired teachers.
Referred to the Committee on Retirement.

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HB 1038. By Representatives Orrock of the 56th, Williams of the 114th, Jones of the 71st, Henson of the 65th and Childers of the 13th: A hill to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions governing professions and businesses, so as to provide for centralized credentialing for health care practitioners.
Referred to the Committee on Health & Ecology.
HB 1039. By Representatives Bannister of the 77th, Harbin of the 113th and Davis of the 60th: A bill to amend Code Section 34-9-360 of the Official Code of Georgia Annotated, relating to reimbursement of employers or insurers for subsequent injury compensation payments and amounts of and prerequisites to reimbursement from the Subsequent Injury Trust Fund, so as to change certain provisions relating to eligibility for reimbursement from the fund.
Referred to the Committee on Industrial Relations.
HB 1040. By Representatives Bannister of the 77th, Harbin of the 113th and Davis of the 60th: A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to change certain provisions relating to penalty for failure to file quarterly affidavit or remit tax within time prescribed by law and collection and disposition of penalty.
Referred to the Committee on Insurance.
HB 1041. By Representatives Bannister of the 77th and Davis of the 60th: A bill to amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to change certain provisions relating to reports by employers of compensation and benefits paid and failure to pay assessments.
Referred to the Committee on Industrial Relations.
HB 1042. By Representative Anderson of the 116th: A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to change the compensation of the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 616. By Representatives Harrell of the 62nd, McClinton of the 68th, Millar of the 59th, Jennings of the 63rd, Ragas of the 64th and others: A resolution creating the House Study Committee on the Structure of the DeKalb County Governing Authority.
Referred to the Committee on Rules.
HR 617. By Representatives Harrell of the 62nd, McClinton of the 68th, Millar of the 59th, Jennings of the 63rd, Ragas of the 64th and others: A resolution creating the House Study Committee on the Salaries of DeKalb County Officers.
Referred to the Committee on Rules.

THURSDAY, MARCH 18, 1999

1891

HR 618. By Representatives Stanley of the 49th, Anderson of the 116th, McClinton of the 68th and Watson of the 70th: A resolution creating the House Study Committee on Gaming.
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 1048. By Representatives Williams of the 83rd and Rice of the 79th:
A bill to amend an Act creating the Board of Commissioners of Gwinnett County, so as to change the provisions relating to the board of commissioners and the organization thereof; to change the provisions relating to the call of special elections to fill vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1049. By Representatives Rogers of the 20th, Smith of the 19th and Tolbert of the 25th: A bill to amend an Act creating the Gainesville Redevelopment Authority, so as to provide for additional powers of the Gainesville Redevelopment Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 1025 HB 1026 HB 1027 HB 1028 HB 1029 HB 1030 HB 1031 HB 1032 HB 1033

HB 1034 HB 1035 HB 1036 HR 577 HR 578 HR 580 HR 581 SB 269 SB 270

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 137 Do Pass SB 262 Do Pass, as Amended
Respectfully submitted, Isl Martin of the 47th
Chairman
Representative Smyre of the 136th District, Chairman of the Committee on Rules, submitted the following report:

1892

JOURNAL OF THE HOUSE

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 580 Do Pass HR 581 Do Pass HR 619 Do Pass
Respectfully submitted, la/ 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 1002 Do Pass HB 1003 Do Pass HB 1005 Do Pass HB 1006 Do Pass HB 1007 Do Pass HB 1008 Do Pass HB 1009 Do Pass HB 1010 Do Pass HB 1011 Do Pass HB 1012 Do Pass HB 1013 Do Pass

HB 1014 Do Pass HB 1015 Do Pass HB 1016 Do Pass HB 1017 Do Pass HB 1018 Do Pass HB 1019 Do Pass HB 1021 Do Pass HB 1022 Do Pass HB 1023 Do Pass HB 1024 Do Pass

Respectfully submitted, 1st Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, MARCH 18, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enumerated below:

HR 328 Brown, David W.; urge Dept of Natural Resources commemorate life HR 435 Federal Crop Insurance Program; urge Congress revise

SB 17 Stone Mtn Memorial Assoc - purposes, association fund (Burton of the 5th)
SB 24 Health Insurance - coverage for certain morbid obesity (Thomas of the 10th)
SB 29 Health - breast-feeding in public (James of the 35th)

THURSDAY, MARCH 18, 1999

1893

SB 42 Limited Partnership - certificate after election becomes effective (Egan of the 40th)
SB 51 Education - school safety plans (Huggins of the 53rd)
SB 74 School Safety Plans - preparedness for cert accidents, violence, etc (Marable of the 52nd)
SB 83 Mot Veh Ad Val Tax - when former POW may claim exemption (Hecht of the 34th)
SB 94 Health Insurance - prohibit denying coverage of prescrip drugs (Butler of the 55th)
SB 98 Property Assessment - basis, justification for increase (Hecht of the 34th)
SB 100 Bd of Pharmacy - foreign school graduate eligibility for license (Madden of the 47th)
SB 113 Crimes Against Family Members Act of 1999 - provide (Starr of the 44th)
SB 177 Ad Valorem Property Tax - millage rates, taxable values (Thompson of the 33rd)
SB 200 Consumers' Insurance Advocate - creation, powers, compensation (Thompson of the 33rd)
SB 210 HMOs - cert disclosures, access to out of network providers (Walker of the 22nd)
SR 22 William S. Robinson Bridge - designate (Hooks of the 14th)
SR 136 Trade Sanctions Applying to Agric Prod - urge Cong remove, restrict (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
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1006. By Representatives Bailey of the 93rd, Benefield of the 96th and Barnes of the 97th:
A bill to amend an Act creating the State Court of Clayton County, so as to abolish the office of the deputy clerk of the state court; to provide for the appointment, service, term, discharge, benefits, and compensation of the clerk of the state court rather than the service of the clerk of the superior court as the clerk of the state court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 147, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Buckner of the 95th and Dodson of the 94th would like to be recorded as voting "nay" on HB 1006.

1894

JOURNAL OP THE HOUSE

HB 1002. By Representatives Wiles of the 34th, Franklin of the 39th, 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 provisions relating to the filling of a vacancy in the office of solicitor.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st and Tolbert of the 25th:
A bill to create the Hall County Commission for Children and Families.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1005. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1007. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1008. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, so as to change the compensation of the chairperson and members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

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

THURSDAY, MARCH 18, 1999

1895

HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1011. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the expense allowance of the coroner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.

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

1896

JOURNAL OF THE HOUSE

HB 1016. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1017. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairperson, secretary, and other members of the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1018. By Representatives Walker of the 87th and Unterman of the 84th:
A bill to reconstitute the Board of Commissioners of Walton County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1019. By Representative Smith of the 91st:
A bill to provide for the compensation of the Oconee County board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1021. By Representatives Coan of the 82nd, Coleman of the 80th, Unterman of the 84th, Squires of the 78th, Massey of the 86th and others:
A bill to create the Springbrook Golf Course Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1022. By Representative Coleman of the 142nd:
A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary procedure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1023. 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 for county 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.

THURSDAY, MARCH 18, 1999

1897

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1024. 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 and City of Savannah School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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.

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

Y Davis, T E Day Y Dean
Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodeon Y 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, JL 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

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 Tilhnan 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 121, nays 0. The Bills, having received the requisite constitutional majority, were passed.
Representative Smith of the 19th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

1898

JOURNAL OF THE HOUSE

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 288. 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 bills of the House:
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.
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.
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.
HB 381. By Representatives McClinton of the 68th, McKinney of the 51st, Dean of the 48th 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.
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.
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.

THURSDAY, MARCH 18, 1999

1899

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.
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.
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.
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 Annotated, 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.
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 Annotated, 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.
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.
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 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 civil penalties; to provide for seizure and forfeiture of contraband.
HB 781. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Richmond, so as to change the provisions for filling vacancies on the board of education of Richmond County and the manner of electing members of said board.
HB 822. By Representative Skipper of the 137th:
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

1900

JOURNAL OF THE HOUSE

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 conforming changes relating to stays of the process of customer assignment.
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.
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.
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.
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.
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.
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 commissioners for Catoosa County," so as to strike and revise such Act and amendatory Acts; to provide for definitions; to provide for the election of members of the board.
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 compensation of members of the board of education.
HB 913. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others:
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.
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 resident of that city.
HB 920. By Representative Murphy of the 18th:
A bill to create the Haralson County Family Connection Authority.
HB 921. By Representative Murphy of the 18th:
A bill to provide a homestead exemption from Haralson County School District ad valorem taxes for educational purposes in the amount of $8,000.00 of

THURSDAY, MARCH 18, 1999

1901

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.
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.
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.
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.
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 liabilities, so as to change the amount of compensation received by the members of such board.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 207. By Representatives Twiggs of the 8th, Rogers of the 20th, Coleman of the 142nd and others:
A resolution proclaiming Thunder Road USA-Georgia Racing Hall of Fame as Georgia's official Racing Hall of Fame.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 128. By Representatives Cooper of the 31st, Jenkins of the 110th, Poag of the 6th and others:
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.
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 drugfree commercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 77. By Senator Kemp of the 3rd:
A resolution designating the Marshall Shirah Memorial Bridge.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

1902

JOURNAL OF THE HOUSE

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.
HR 523. By Representatives Murphy of the 18th, Cummings of the 27th, Smith of the 12th and Childers of the 13th:
A resolution commending SAFE KIDS of Georgia in Polk County and inviting Coordinator Eydie Davis and representatives of the coalition to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 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 Annotated, relating to notice of changes in taxpayer's return, so as to add provisions relating to the contents of such notice.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in ad valorem tax returns, so as to authorize disclosure of additional information to taxpayers in the event of certain increased assessments; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes in ad valorem tax returns, is amended by adding a new subsection at the end. thereof to be designated subsection (d) to read as follows:
"(d) New assessment description. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by less than 15 percent, a county governing authority may provide by ordinance or resolution that the notice thereof to the taxpayer may be accompanied by a simple, nontechnical description of the basis for the new assessment. Such notice may also contain a statement of the availability of all documents reviewed in making the assessment, the address of all real properties utilized as comparable properties, and all factors considered in establishing the new assessment."
SECTION 2. This Act shall become effective on January 1, 2000, and shall be applicable to all taxable years beginning on or after that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

THURSDAY, MARCH 18, 1999

1903

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
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
Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T E Day
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
Grindley
Y Hammontree
Manner
Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree E Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

Hugley Irvin Jackson, B Y Jackson, L Y James 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 Massey Y McBee Y McCall
McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y O*Neal
Orrock
Parham Parrish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell
Purcell
Ragas
Y 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 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
Stanley-Turner
Y Stephens Y Stokes Y Stuckey
Taylor
Teague Y Teper Y Tillman Y Iblbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L
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 137, nays 0.

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

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

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

Alien Y Anderson Y Ashe
Bailey Y 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 Y Callaway
Y Campbell Y Cash Y Channell 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 E Day
Dean
Y DeLoach, B DeLoach, G Dix
Y Dixon Y Dodson
Dukes

1904
Ehrhart Y Epps
Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hannnontree 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

JOURNAL OF THE HOUSE

Y Hugley Irvin 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
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 Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell
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
Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Suns 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
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 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 Annotated, 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 adoption of millage rate resolutions and ordinances.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for comprehensive procedures regarding the determination of certain millage rates; to provide for definitions; to provide for certification; to provide for the adoption of millage rates; to provide for the notice and public hearings; to provide for enforcement; to change certain provisions regarding notice of changes in ad valorem tax returns; to provide for notice of additional information; to provide availability of certain records and information; to provide for additional disclosure of information to taxpayers; to change certain provisions regarding review and appeal of assessments; to provide for times to conduct appeal or arbitration proceedings; to provide for written notice of grounds for rejecting taxpayer's position; to change certain provisions regarding prima-facie correctness and burden of proof; to provide for recovery of litigation and attorney's fees under certain circumstances; to provide for audio recording of certain proceedings; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 18, 1999

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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 48-5-32.1 which reads as follows:
"48-5-32.1.

Reserved.", and inserting in its place a new Code Section 48-5-32.1 to read as follows:
"48-5-32.1.

(a) As used in this Code section, the term:
(1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value of real property.
(2) 'Certified tax digest' means the total net assessed value on the annual property tax digest certified by the tax commissioner of a taxing jurisdiction to the department and authorized by the commissioner for the collection of taxes, or, in the case where the governing authority of a county whose digest has not been approved by the commissioner has petitioned the superior court of the county for an order authorizing the immediate and temporary collection of taxes, the temporary digest so authorized.
(3) 'Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes.
(4) 'Mill' means one one-thousandth of a United States dollar.
(5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year.
(6) 'Millage equivalent' means the number of mills which would result when the total net assessed value added by reassessments is divided by the certified tax digest and the result is multiplied by the previous year's millage rate.
(7) 'Net assessed value' means the taxable assessed value of property after all exemptions.
(8) 'Recommending authority" means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the purposes of such board of education.
(9) 'Roll-back rate' means the previous year's millage rate minus the millage equivalent of the total net assessed value added by reassessments; provided, however, that if the taxing jurisdiction has created a redevelopment area under the provisions of Chapter 44 of Title 36 and the roll-back rate that would otherwise result is lower than the minimum millage permissible under such chapter, the roll-back rate shall mean such minimum millage.

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(10) 'Taxing jurisdiction' means all the real property subject to the levy of a specific levying authority or the recommended levy of a specific recommending authority.

(11) 'Total net assessed value added by reassessments' means the total net assessed value added to the certified tax digest as a result of revaluation of existing real property that has not been improved since the previous tax digest year.

(b) At the time of certification of the digest, the tax receiver or tax commissioner shall also certify to the recommending authority and levying authority of each taxing jurisdiction the total net assessed value added by reassessments contained in the certified tax digest for that tax digest year of the taxing jurisdiction.
(c)(l) Whenever a recommending authority or levying authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it shall adopt that millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with the procedures specified under Code Section 48-5-32.

(2) In those instances in which the recommending authority or levying authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the recommending authority or levying authority shall advertise its intent to do so and shall conduct at least three public hearings thereon, at least one of which shall commence between the hours of 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday. The recommending authority or levying authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:

'NOTICE OF PROPERTY TAX INCREASE
The (name of recommending authority or levying authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent.
All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time).'
Simultaneously with this notice the recommending authority or levying authority shall provide a press release to the local media.

(3) The advertisement shall appear at least one week prior to each hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear.

(4) No recommending authority shall recommend and no levying authority shall levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection without beginning anew the procedures and hearings required by this Code section and those required by Code Section 48-5-32.

(5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 or Code Section 48-5-32.

(d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.

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(e) The commissioner shall not accept for review the digest of any county which does not submit simultaneously with such digest evidence of compliance with this Code section by the levying authorities and recommending authorities. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such authorities of such evidence. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met.
(f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 2.
Said chapter is further amended by striking Code Section 48-5-306, relating to notice of changes in ad valorem tax returns, and inserting in its place new Code Sections 48-5306 and 48-5-306.1 to read as follows:
"48-5-306.

(a) Method of giving notice to taxpayer of changes made in ftts such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from his- such taxpayer's returns any property that should be returned or has failed to return any of bis such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only his such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in bis such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type 'OFFICIAL TAX MATTER.'
(b) Contents of notice.
(1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain: the
(A) The amount of the previous assessment;r-tfee
(B) The amount of the current assessment;, and the
(C) The year for which the new assessment is applicable?; In all cases, the notice shall contain a
(D) A brief description of the assessed property broken down into real and personal property classifications;;-the

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(E) The fair market value of property of the taxpayer subject to taxation; and the assessed value of the taxpayer's property subject to taxation after being reduced; and
(F) The name and phone number of the person in the assessors' office that is administratively responsible for the handling of the appeal and that the taxpayer may contact if they have questions about the reasons for the assessment jhange or the appeals process.
(2) In addition to the foregoing items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form:
'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court.
If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'
(c) Posting notice on certain conditions. In all cases where a notice is required to be given to a taxpayer under subsection (a) of this Code section, if the notice is not given to the taxpayer personally or if the notice is mailed but returned undelivered to the county board of tax assessors, then a notice shall be posted in front of the courthouse door for a period of 30 days. Each posted notice shall contain the name of the owner liable to taxation, if known, or, if the owner is unknown, a brief description of the property together with a statement that the assessment has been made or the return changed or altered, as the case may be, and the notice need not contain any other information. The judge of the probate court of the county shall make a certificate as to the posting of the notice. Each certificate shall be signed by the judge and shall be recorded by the county board of tax assessors in a book kept for that purpose. A certified copy of the certificate of the judge duly authenticated by the secretary of the board shall constitute prima-facie evidence of the posting of the notice as required by law.
(d) Records and information availability. Notwithstanding the provisions of Code Section 50-18-71, in the case of all public records and information of the county board of tax assessors pertaining to the appraisal and assessment of the real property subject to such notice:
(1) The taxpayer may request, and the county board of tax assessors shall provide within ten business days, copies of such public records and information at a uniform copying fee not to exceed 250 per page; and
(2) No additional charges or fees may be collected from the taxpayer for reasonable search, retrieval, or other administrative costs associated with providing such public records and information.
(e) Basis for new assessment. Where the assessment of the value of the taxpayer's real property subject to taxation exceeds the returned value of such property by 15 percent or more, the notice required by this subsection shall be accompanied by a simple, nontechnical description of the basis for the new assessment. All documents reviewed in making the assessment, the address of all real properties utilized as compa-

THURSDAY, MARCH 18, 1999

1909

rable properties, and all factors considered in establishing the new assessment shall be made available to the taxpayer pursuant to the terms and conditions of subsection (d) of this Code section, and the notice shall contain a statement of that availability.
(f) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section. 48-5-306.1.
(a) The tax commissioner shall annually prepare and maintain a brochure or other publication describing the exemptions and preferential assessments available to the taxpayers of the county along with the conditions of eligibility and deadlines for applying for each. Such brochure or other publication shall also describe the requirements and deadlines for the return of property for taxation and the appeal procedures and such other information as the tax commissioner or board of tax assessors may determine to be helpful to the property owner. Such brochure or other publication shall be available freely to taxpayers in the office of the tax commissioner and board of assessors and shall also be mailed or otherwise delivered to the appropriate taxpayer under the following conditions:
(1) Upon the transfer of residential or agricultural property for which a properly completed real estate transfer tax form has been filed;
(2) Whenever a homestead exemption has been newly approved or whenever an existing homestead exemption has been modified with new conditions of eligibility; and
(3) Whenever a preferential assessment with respect to ad valorem property taxes is enacted or modified.
(b) The commissioner shall promulgate such rules and regulations as may be necessary for the administration of this Code section."
SECTION 3. Said chapter is further amended by striking Code Section 48-5-311, relating to county boards of equalization and review and appeal of assessments, and inserting in its place a new Code Section 48-5-311 to read as follows:
"48-5-311.

(a) Establishment.
(1) There is established in each county of the state a county board of equalization to consist of three members and three alternate members appointed in the manner and for the term set forth in this Code section. In those counties having more than 10,000 parcels of real property, the county governing authority, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels.
(2) Notwithstanding any part of this subsection to the contrary, at any time the governing authority of a county makes a request to the grand jury of the county for additional alternate members of boards of equalization, the grand jury shall appoint the number of alternate members so requested to each board of equalization, such number not to exceed a maximum of 21 alternate members for each of the boards. The alternate members of the boards shall be duly qualified and authorized to serve on any of the boards of equalization of the county. The grand jury of any such

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county may designate a chairman chairperson and two vice-chairmen vice chairpersons of each such board of equalization. The chairman chairperson and vice chairmett vice chairpersons shall be vested with full administrative authority in calling and conducting the business of the board. Any combination of members or alternate members of any such board of equalization of the county shall be competent to exercise the power and authority of the board. Any person designated as an alternate member of any such board of equalization of the county shall be competent to serve in such capacity as provided in this Code section upon appointment and taking of oath.

(3) Notwithstanding any provision of this subsection to the contrary, in any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authority of the county, by appropriate resolution adopted on or before November 1 of each year, may elect to have selected one additional county board of equalization for each 10,000 parcels of real property in the county or for any part of a number of parcels in the county exceeding 10,000 parcels. In addition to the foregoing, any two members of a county board of equalization of the county may decide an appeal from an assessment, notwithstanding any other provisions of this Code section. The decision shall be in writing and signed by at least two members of the board of equalization; and, except for the number of members necessary to decide an appeal, the decision shall conform to the requirements of this Code section.
(4)(A)(i) Until December 31, 1996, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries shall contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property.
(ii) On and after January 1, 1997, any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries may contract with the county in which the majority of the population of such municipal corporation resides to provide for the assessment, evaluation, and revaluation of ad valorem taxes on property which lies in any portion of such municipal corporation located in a county other than the contracting county and to provide for the contracting county to process, hear, and dispose of all administrative appeals of property tax assessments relating to such property.
(B) Any municipal corporation which enters into any contract under division (i) or (ii) of subparagraph (A) of this paragraph shall obligate itself by such contract to reimburse the contracting county for the actual costs incurred by such county for providing the services described in division (i) or (ii) of subparagraph (A) of this paragraph.

(b) Qualifications.

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(1) Each person who is, in the judgment of the appointing grand jury, qualified and competent to serve as a grand juror, who is the owner of real property, and who is at least a high school graduate shall be qualified, competent, and compellable to serve as a member or alternate member of the county board of equalization. No member of the county board of tax assessors, employee of the county board of tax assessors, or county tax appraiser shall be competent to serve as a member or alternate member of the county board of equalization.
(2)(A) Within the first year after a member's initial appointment to the board of equalization on or after January 1, 1981, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled.
(B) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 1995, unless prior to hearing such appeal, that person shall satisfactorily complete the 40 hours of instruction in appraisal and equalization processes and procedures required under subparagraph (A) of this paragraph. Any person appointed to such board shall be required to complete annually a continuing education requirement of at least eight hours of instruction in appraisal and equalization procedures, as prepared and required by the commissioner. The failure of any member to fulfill the requirements of this subparagraph shall render that member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled.

(c) Appointment.

(1) Except as provided in paragraph (2) of this subsection, each member and alternate member of the county board of equalization shall be appointed for a term of three calendar years next succeeding the date of his such member or such alternate member's selection. Each term shall begin on January 1.

(2) The grand jury in each county at any term of court preceding November 1 of 1991 shall select three persons who are otherwise qualified to serve as members of the county board of equalization and shall also select three persons who are otherwise qualified to serve as alternate members of the county board of equalization. The three individuals selected as alternates shall be designated as alternate one, alternate two, and alternate three, with the most recent appointee being alternate number three, the next most recent appointee being alternate number two, and the most senior appointee being alternate number one. One member and one alternate shall be appointed for terms of one year, one member and one alternate shall be appointed for two years, and one member and one alternate shall be appointed for three years. Each year thereafter, the grand jury of each county shall select one member and one alternate for three-year terms.
(3) If a vacancy occurs on the county board of equalization, the individual designated as alternate one shall then serve as a member of the board of equalization for the unexpired term. If a vacancy occurs among the alternate members, the grand jury then in session or the next grand jury shall select an individual who is otherwise qualified to serve as an alternate member of the county board of equalization for the unexpired term. The individual so selected shall become alternate member three, and the other two alternates shall be redesignated appropriately.

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(4) Within five days after the names of the members and alternate members of the county board or boards of equalization have been selected, the clerk of the superior court shall issue and deliver to the sheriff or his deputy sheriff a precept containing the names of the persons so selected. Within ten days of receiving the precept, the sheriff or his deputy sheriff shall cause the persons whose names are written on the precept to be served personally or by leaving the summons at their place of residence. The summons shall direct the persons named on the summons to appear before the clerk of the superior court on a date specified in the summons, which date shall not be later than December 15.
(5) Each member and alternate member of the county board of equalization, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of his such member and alternate member's duties, shall take and subscribe before the clerk of the superior court the following oath:
You shall faithfully and impartially discharge the duty of members and alternate members of the board of equalization for the County of _________, in accordance with the Constitution and laws of this state, to the best of your skill and knowledge. So help you God.'
In addition to the oath of office prescribed in this paragraph, the judge of the superior court shall charge each member and alternate member of the county board of equalization with the law and duties relating to feis such office.
(d) Duties and powers.
(1) The county board of equalization shall hear and determine appeals from assessments and denials of homestead exemptions as provided in subsection (e) of this Code section.
(2) If in the course of determining an appeal the county board of equalization finds reason to believe that the property involved in an appeal or the class of property in which is included the property involved in an appeal is not uniformly assessed with other property included in the digest, the board shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board may order the county board of tax assessors to take such action as is necessary to obtain uniformity, except that, when a question of county-wide uniformity is considered by the board, the board may order a partial or total county-wide revaluation only upon a determination by a majority of all the members of the board that the clear and convincing weight of the evidence requires such action. The board of equalization may act pursuant to this paragraph whether or not the appellant has raised the issue of uniformity.
(3) The board shall establish by regulation procedures, not in conflict with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) of this Code section, for the conducting of appeals before the board. The procedures shall be entered into the minutes of the board and a copy of the procedures shall be made available to any individual upon request.
(e) Appeal.
(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization or to an arbitrator or arbitrators as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions. Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this sub-

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section. Appeals to an arbitrator or arbitrators shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of their scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer.
(2)(A) An appeal shall be effected by mailing to or filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this subparagraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
(D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization or in any arbitration proceedings.
(3) In any year in which no county-wide reevaluation is implemented, the county board of tax assessors shall make its determination and notify the taxpayer within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax

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assessors fails to respond to the taxpayer within such 180 day period during such year, the appeal shall be automatically referred to the county board of equalization. This paragraph shall not apply to any county whose digest for the current year cannot be approved by the commissioner pursuant to subsection (a) of Code Section 485-304.
(4) The determination by the county board of tax assessors of questions of feet factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence.
(5)(A) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board.
(B) The commissioner, by regulation, may adopt uniform procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equalization in determining appeals.
(6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. A taxpayer may appear before the board concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board the name of any such agent or representative prior to any appearance by the agent or representative before the board.
(B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented.
(C) If more than one contiguous property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and render separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
(D)(i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of his such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (& (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property

THURSDAY, MARCH 18, 1999

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tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii)(I) If the county's tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(III) If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subdivision with respect to such taxpayer's homestead property.
(7) The county governing authority shall furnish the county board of equalization necessary facilities and secretarial and clerical help. The secretary of the county board of tax assessors shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization must consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer.
(8) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board must consider the study upon any such request.
(f) Arbitration.
(1) At the option of the taxpayer an appeal shall be submitted to arbitration.
(2) Following an election by the taxpayer under paragraph (1) of this subsection, an arbitration appeal shall be effected by the taxpayer's filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. The county board of tax assessors shall certify to the clerk of the superior court the notice of arbitration and any other papers specified by the person seeking arbitration including, but not limited to, the staff information from the file used by

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the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of the filing of the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration and appointing a referee.
(3) The arbitration of the correctness of the decision of the county board of tax assessors shall be conducted pursuant to the procedures outlined in Article 2 of Chapter 9 of Title 9 with the following exceptions:
(A) If both parties agree, the matter may be submitted to a single arbitrator. If both parties agree, the referee may serve as the single arbitrator;
(B) If the parties do not agree to a single arbitrator, then three arbitrators shall hear the appeal. Such arbitrators shall be appointed as provided in Code Section 9-9-67. If one or both parties are unable to select an arbitrator, the appeal shall be heard by a single arbitrator who shall be appointed by the judge of the superior court as provided in Code Section 9-9-67;
(C) In order to be qualified to serve as an arbitrator, a person must be at least a registered real estate appraiser as classified by the Georgia Real Estate Appraisers Board;
(D) The arbitrator or a majority of the arbitrators, as applicable, within 30 days after their appointment shall render a decision regarding the correctness of the decision of the county board of tax assessors and, if correction of the decision is required, regarding the extent and manner in which the decision should be corrected. The decision of the arbitrator or arbitrators, as applicable, may be appealed to the superior court in the same manner as a decision of the board of equalization; asd
(E) The taxpayer shall be responsible for the fees and costs of such taxpayer's arbitrator and the county shall be responsible for the fees and costs of such county's arbitrator. The two parties shall each be responsible for one-half of the fees and costs of the third arbitrator. In the event the appeal is submitted to a single arbitrator, the two parties shall each be responsible for one-half of the fees and costs of such arbitrator:; and
(F) The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence.
(g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may not appeal a decision of the county board of equalization changing an assessment by 15 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal and within ten days of receipt of the notice the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall

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be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer or his or her attorney or agent of record with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made.
(3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property.
(4)(A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 482-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00.
(ii) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal.
(iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from November 15 of the taxable year in question or the date the final installment of tax was due to the date the additional taxes are remitted, but in no event shall

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such interest accrue for a period of more than 180 days. Any taxpayer shall be exempt each taxable year from any such interest owed under this subparagraph with respect to such taxpayer's homestead property.

(h) In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make audio recordings of any interview with any of-
ficer or employee of the taxing authority relating to the valuation of the taxpayer's property subject to such assessment, appeal, arbitration, or related proceeding, at the taxpayer's expense and with equipment provided by the taxpayer, and no such officer or employee may refuse to participate in an interview relating to such valuation for reason of the taxpayer's choice to record such interview.

(feXi) Alternate members. Alternate members of the county board of equalization in the order in which selected shall serve:

(1) As members of the county board of equalization in the event there is a permanent vacancy on the board created by the death, ineligibility, removal from the county, or incapacitating illness of a member or by any other circumstances. An alternate member who fills a permanent vacancy shall be considered a member of the board for the remainder of the unexpired term;

(2) In any appeal with respect to which a member of the board is disqualified and shall be considered a member of the board; or

(3) In any appeal at a regularly scheduled or called meeting in the absence of a member and shall be considered a member of the board.

(iXj) Disqualification.

(1) No member of the county board of equalization shall serve with respect to any appeal concerning which he or she would be subject to a challenge for cause if he or she were a member of a panel of jurors in a civil case involving the same subject matter.

(2) The parties to an appeal to the county board of equalization shall file in writing with the appeal, in the case of the person appealing, or, in the case of the county board of tax assessors, with the certificate transmitting the appeal, questions relating to the disqualification of members of the county board of equalization. Each question shall be phrased so that it can be answered by an affirmative or negative response. The members of the county board of equalization shall, in writing under oath within two days of their receipt of the appeal, answer the questions and any question which may be adopted pursuant to subparagraph (e)(5)(B) of this Code section. Answers of the county board of equalization shall be part of the decision of the board and shall be served on each party by first-class mail. Determination of disqualification shall be made by the judge of the superior court upon the request of any party when the request is made within two days of the response of the board to the questions. The time prescribed under subparagraph (e)(6)(A) of this Code section shall be tolled pending the determination by the judge of the superior court.

Compensation. Each member of the county board of equalization shall be compensated by the county per diem for time expended in considering appeals. The compensation shall be paid at a rate of not less than $25.00 per day and shall be determined by the county governing authority. The attendance at required approved appraisal courses shall be part of the official duties of a member of the board, and he or she shall be paid for each day in attendance at such courses and shall be allowed

THURSDAY, MARCH 18, 1999

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reasonable expenses necessarily incurred in connection with such courses. Compensation pursuant to this subsection shall be paid from the county treasury upon certification by the member of the days expended in consideration of appeals."

SECTION 4.
This Act shall become effective on January 1, 2000, and shall be applicable to all assessments and proceedings commenced on or after that date.

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

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

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

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 Cummings Davis, M

Y Davis, T
E 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
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 Y Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTMeal 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 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 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Williams of the 83rd and Lane of the 146th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, SB 177 was ordered immediately transmitted to the Senate.

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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.

The report of the Committee, which was favorable to the 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 E 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
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 E Massey Y McBee Y McCall
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 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Trense of the 44th and Davis of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 as-

THURSDAY, MARCH 18, 1999

1921

sault, simple battery, and aggravated battery against persons in a domestic context.

The following amendments were read and adopted:

The Committee on Special Judiciary moves to amend SB 113 by striking from lines 17 and 18 on page 7 the following:

"simple assault, simple battery," By striking from line 21 on page 7 the following:

"may see or hear", and inserting in lieu thereof the following:

"sees or hears" By striking from line 22 on page 7 the following:

"simple assault, simple battery,"

Representative Callaway of the 81st moves to amend SB 113 as follows: Insert a new Section 7 by adding the words

"Nothing herein shall be construed to validate a relationship between people of the same sex as a 'marriage' under the laws of this state"
And renumber existing Section 7 to Section 8.

The following amendment was read:

Representative Richardson of the 26th moves to amend SB 113 as follows: On page 2, line 18 & 19 On page 4, line 11 & 12 On page 5, line 10 & 11, and On page 6, line 33 & 34. Delete the words:

", or other persons living or formerly living in the same household".

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 Y Borders Y Bridges N Brooks Y Brown N Buck N Buckner

Bulloch
Bunn
Burkhalter Byrd Callaway Campbell Cash Channell Childers Clark
Coan Coleman, B Coleman, T Connell Cooper
Cox
Crawford

N Cummings
Y Davis, M N Davis, T
E Day
N Dean N DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps
Evans N 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 N Hembree
N Henson N Holland N Holmes N Houston

N Howard Y Hudgens N Hudson, H N Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L N James N Jamieson E Jenkins Y Jennings
Jones Y Joyce Y Kaye N Lane Y Lewis

1922
N Lord Lucas
Y Maddox Y Mann Y Manning N Martin, J N Martin, J.L E Massey N McBee N McCall N McClinton
McKinney Y Millar Y Mills N Mobley N Morris N Mosley Y Mueller N OTCeal

JOURNAL OF THE HOUSE

N Orrock
N Parham N Parrish N Parsons N Pelote Y Pinholster N Poag N Ponder N Porter N Powell N Purcell Y Ragas
Randall E 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 N Smith, L.R N Smith, P N Smith, T Y Smith, V
Smyre Y Snelling N Snow
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 N Tolbert Y Trense N Turnquest N Twiggs
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 55, nays 109.
The amendment was lost.
The following amendment was read and adopted:
Representatives Reichert of the 126th and Williams of the 83rd move to amend SB 113 as follows: Add the words "excluding siblings" at P 2; 1. 19 P 4; 1. 12 P 5; 1. 11 P 6; 1. 34 following the word "persons".
The following amendment was read and ruled out of order:
Representative Bohannon of the 139th moves to amend SB 113 as follows: P. 4 line 11 & 12 P. 5 line 10 & 11 P. 2 line 18 & 19 and P. 6 line 33 & 34 Delete "or other persons living or formerly living in the same household," and insert:
"or adults who are or have assumed a spousal or parental role."
The following amendment was read and adopted:
Representative Walker of the 141st moves to amend SB 113 as follows: By deleting the words "Absent force, duress, or threat of violence" on line 14, page 7, and by capitalizing the "S" in the word "such" immediately following this phrase.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.

THURSDAY, MARCH 18, 1999

1923

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 N Cox Y Crawford
Y Cummings N Davis, M

Y Davis, T E 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 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 Y Jackson, L Y James Y Jamieson
E 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 E 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 Eandall E 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 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, as amended, the ayes were 167, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Davis of the 60th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon. 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 compensation; 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.
The following Committee substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to applicability of rate regulation; to create the Consumers' Insurance Advocate and deputy advocate; to provide definitions; to provide powers; to provide for compensation; to provide for entries of appearance; to provide for

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notice and discovery; to provide for remedies; to provide for employment of consultants, experts, witnesses, and other employees; to provide for the publication of certain information; to provide for access to documents and other information; to provide that other remedies are not affected; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-9-3, relating to applicability of rate regulation, and inserting in lieu thereof the following:
"33-9-3.

(a) This chapter shall apply to all insurance on risks or on operations in this state, except:
(1) Reinsurance other than joint reinsurance to the extent stated in Code Section 33-9-19;

(2) Life insurance;
(3) Accident and aickncss insurance Disability income, specified disease, or hospital indemnity policies;
(4) Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from transportation, insurance policies. Inland marine insurance shall be deemed to include insurance defined by statute, or by interpretation thereof or, if not so defined or interpreted, by ruling of the Commissioner or as established by general custom of the business, as inland marine insurance;
(5) Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance, or use of aircraft;
(6) Title insurance; or
(7) Annuities.
(a.l) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter.
(b)(l) This chapter shall apply to all insurers, including stock and mutual companies, Lloyd's associations, and reciprocal and interinsurance exchanges, which under any laws of this state write any of the kinds of insurance to which this chapter applies.
(2) The provisions of this chapter regarding rates shall apply to any insurer, fraternal benefit society, health care plan, nonprofit medical service corporation, nonprofit hospital service corporation, health maintenance organization, or preferred provider organization providing any accident or sickness insurance or health benefit plan issued, delivered, issued for delivery, or renewed in this state to the extent required by subsection (c) of this Code section.
(c) Provisions of this chapter regarding rates shall apply only to a proposed rate for any insurance or health benefit plan:

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(1) Which alone or in combination with any previous rate change for such insurance or plan would result in a rate increase of:
(A) Five percent or more in any 12 month period; or (B) Nine percent or more in any 24 month period; or
(2) Made within 36 months after any rate change described by paragraph (1) of this subsection."

SECTION 2.
Said title is further amended by adding a new Chapter 57 at the end thereof to read as follows:

33-57-1.

"CHAPTER 57

The General Assembly recognizes the importance of effectively managed and economical insurance and health management funding products and services to the citizens of the State of Georgia. It is further recognized that the citizens of Georgia should receive adequate insurance and health management funding products and services at the lowest reasonable cost to the consumer while maintaining the ability of insurance and health management funding companies to furnish their products and services. It is further recognized that the Insurance Department has been established for the purpose, among other things, of regulating insurance and health management funding companies, the rates which they charge the consumer, and for representing the public interest. The General Assembly is aware, however, that the department and the Commissioner must be furnished with all available information concerning the effects of its decisions in any proceedings before it. It is the purpose of this chapter to ensure that the department and the Commissioner receive such information, particularly in those cases that directly involve Georgia's citizens. It is further the intent of the General Assembly that consumers have reasonable choices among the products and services offered by insurance and health management funding companies and that these companies are accountable to consumers.
33-57-2.

As used in this chapter, the term:
(1) 'Administrator' means the administrator appointed pursuant to Code Section 101-395.

(2) 'Advocate' means the Consumers' Insurance Advocate in the Governor's Office of Consumer Affairs.

(3) 'Commissioner' means the Commissioner of Insurance created in Code Section 33-2-1.

(4) 'Consumer' means a beneficiary or user, whether directly or indirectly, of any insurance products or services which are under the jurisdiction of the Commissioner or of the department other than products and services of a domestic supplemental life and health insurer.
(5) 'Department' means the Insurance Department created pursuant to Code Section 33-2-1.

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(6) 'Governor's Office of Consumer Affairs' means the office of the administrator created in Code Section 10-1-395.
33-57-3.

There are created the Consumers' Insurance Advocate and deputy advocate within the Governor's Office of Consumer Affairs. The advocate and deputy advocate may be attorneys licensed to practice in the courts of this state and shall be appointed by and serve at the pleasure of the Governor. The advocate shall receive compensation in an amount to be determined by the Governor but not to exceed that provided or authorized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the advocate shall also receive reimbursement for his or her reasonable and necessary expenses incurred in the performance of his or her duties, as provided by law for state employees. The advocate shall have discretion to employ an individual in the position of deputy advocate, and such person shall receive such compensation as shall be determined by the advocate, together with reimbursement of expenses on the same terms as the advocate. No person employed as advocate or deputy advocate shall engage in the private practice of law while employed as the Consumers' Insurance Advocate. The advocate shall submit a written report of quarterly activities, decisions, information obtained, and expenditures of the advocate's office. The report shall be submitted to the Insurance Committee of the Georgia House of Representatives and to the Insurance and Labor Committee of the Georgia Senate not less than 30 days after the end of each quarter of each calendar year.
33-57-4.

(a) The advocate shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of products or services provided by any person, firm, or corporation subject to the jurisdiction of the Commissioner or of the department in all proceedings or other matters pending before the department or the Commissioner.
(b) The advocate shall also appear in the same representative capacity as specified in subsection (a) of this Code section in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over products or services purchased by consumers.
(c) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. When such complaint or other request is filed with the Commissioner, the Commissioner shall respond to such complaint or other request within 45 days.
(d) The advocate shall be authorized in the same representative capacity as specified in subsection (a) of this Code section to initiate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any action taken by an administrative agency in a proceeding in which the advocate is authorized to appear under subsection (a), (b), or (c) of this Code section.
(e) The advocate shall be authorized to publish by available means, including Internet access, such information as the advocate may deem to be in the public interest relating to the duties and purposes of the advocate's office and findings, research, and studies conducted by that office, except any information which is confidential or privileged as otherwise provided by law.

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(f) The advocate shall be authorized to hear complaints and to present and advocate positions affecting rates or benefits for any insurance products and services afforded to state employees and may for this purpose appear before any officer or entity providing or administering such benefits.
33-57-5.

(a) In addition to other requirements of service and notice imposed by law, a copy of any request for insurance or health benefit plan rate filing:
(1) Which alone or in combination with any previous rate filing would result in a rate increase of:
(A) Five percent or more in any 12 month period; or
(B) Nine percent or more in any 24 month period; or
(2) Made within 36 months after any rate filing described by paragraph (1) of this subsection
shall also be served on the advocate, and the advocate shall be notified of any other correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate filing. The department or the Commissioner shall not proceed to hear or determine any petition, complaint, proceeding, or request for rate filing in which the advocate is entitled to appear unless it shall affirmatively appear that the advocate was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the advocate appears and specifically waives such notice. The advocate may also request copies of any application, complaint, pleading, notice, or other document filed with or issued by the department or by the Commissioner.
(b) In any case of a rate filing which is subject to the provisions of subsection (a) of this Code section, the advocate is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the department or by the Commissioner in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pending before a superior court. Copies of materials and information obtained through such discovery shall be made available to the department. The superior courts and judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out this subsection.
33-57-6.

The administrator shall employ and fix the compensation of at least one actuary as a regular full-time employee to assist the advocate, and the administrator is authorized to employ and fix the compensation of such other assistants as the advocate may need, including without limitation consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants as may be necessary to carry out the advocate's duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, attorneys, investigators, stenographers, or other technical or clerical assistants unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the Governor's Office of Consumer Affairs for such purposes. The office of the advocate shall keep suitable and proper records of all such expenditures. The compensation of the advocate and such staff shall be paid from state funds appropriated to the Governor's Office of Consumer Affairs for such purposes.

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33-57-7.

Services of all consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants employed by the department may be available to the advocate in the performance of his or her duties upon the approval of the department; and such consultants, expert witnesses, accountants, actuaries, attorneys, investigators, stenographers, or other technical or clerical assistants shall make such appraisals and audits as the advocate, with the approval of the department, may request. The advocate and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the department or of the Commissioner to the same extent as the department or as the Commissioner has access thereto and subject to the same limitations imposed on the use thereof by the department or by the Commissioner. A written report of the cost of all services provided for the advocate pursuant to this Code section shall be submitted by the advocate along with each quarterly report made to committees of the General Assembly pursuant to Code Section 33-57-3.
33-57-8.

This chapter shall not be construed to prevent any party interested in any proceeding or action before the department, the Commissioner, any court, or any administrative body from appearing in person or by representing counsel in such proceeding or action. However, nothing in this chapter shall apply to a domestic supplemental life and health 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 following amendment was read and adopted:

Representative Lucas of the 124th moves to amend the Committee substitute to SB 200 as follows: On page 6 line 14 after the word filing add a new sentence
A notice of such filing shall be sent to the advocate certified mail, return receipt requested.
The following amendment was read and withdrawn:
Representative Bannister of the 77th moves to amend the Committee substitute to SB 200 by striking line 12 of page 1 and inserting in lieu thereof the following:
"remedies are not affected; to provide for applicability; to provide an effective date; to". By striking line 2 of page 5 and inserting in lieu thereof the following:
"Commissioner; provided, however, that the advocate is not entitled to appear in any matter or proceeding relating to an agent, agency, subagent, counselor, or adjuster, as defined in Code Section 33-23-1." By striking line 10 of page 8 and inserting in lieu thereof the following:

"supplemental life and health insurer or to any matter or proceeding relating to an agent, agency, subagent, counselor, or adjuster, as defined in Code Section 33-23-1.'"

THURSDAY, MARCH 18, 1999

1929

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 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 E 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 E 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 N 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 E Massey Y McBee Y McCall Y McClinton Y McKinney N 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 E 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 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 5. The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. By unanimous consent, SB 200 was ordered immediately transmitted to the Senate. The following Resolution of the Senate was read:
SR 288. By Senators Hooks of the 14th, Starr of the 44th, Walker of the 22nd and Johnson of the 1st

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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 Assembly shall adjourn at the close of business on Thursday, March 18, 1999, and shall reconvene on Monday, March 22, 1999.

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on 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 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 E 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 E 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 Y 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 Y Ponder
Y Porter
Y Powell Y Purcell Y Ragas
Y Randall
E 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 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 171, nays 0.
The Resolution was adopted.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted: HR 619. By Representative Murphy of the 18th:
A resolution commending Herbert E. Newman and inviting him to appear before the House of Representatives.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time: SB 100. By Senator Madden of the 47th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to change the provisions 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.
The following Committee substitute was read:
A BILL
To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to change the provisions 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; to change the provisions relating to disciplinary actions; to change the provisions relating to temporary license suspension and provide for summary license suspension; to provide for nuclear pharmacies; to provide a short title; to define certain terms; to provide for licensure of nuclear pharmacies and pharmacists and exemptions; to establish licensure requirements; to provide for general requirements for nuclear pharmacies; to establish minimal radiopharmaceutical equipment requirements; to provide sanctions; to provide for the suspension or revocation of licenses; to provide for refusal of licenses; to provide for rules and regulations; to provide for construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," is amended by adding after paragraph (23) of Code Section 26-4-5, relating to definitions, a new paragraph to read as follows:
"(23.5) 'Narcotic treatment program clinic pharmacy' means a pharmacy which is attached to, located in, or otherwise a part of and operated by a narcotic treatment program which provides an opiate replacement treatment program, as designated or defined by the Department of Human Resources or such other state agency as may be designated as the state authority for the purposes of implementing the narcotic treatment program authorized by federal and state laws and regulations."
SECTION 2. Said chapter is further amended by striking "and" at the end of paragraph (17) of subsection (a) of Code Section 26-4-28, relating to powers of the Georgia State Board of Pharmacy, striking the period at the end of paragraph (18) of that subsection and inserting a semicolon, and adding thereafter the following:

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"(19) Restricting the inspection or examination of records or access to any area licensed and under the control of any registrant, which has been issued a permit by the board, to members of the board, agents for the Georgia Drugs and Narcotics Agency, the United States Drug Enforcement Administration, the Georgia Department of Medical Assistance, or other federal agencies or agencies of this state otherwise entitled to such inspections or examinations by law, subpoena, or court order. This paragraph specifically prohibits inspections or examinations of board registrants or any requirement which forces board registrants to allow inspection or examination, or both, of their records by representatives for any nongovernment affiliated, private organization for any purpose since the access of patient prescription records is restricted by this chapter and access by such private organizations is unnecessary in that this access only duplicates existing record-keeping and inspection requirements already addressed by the laws and regulations of the board and other government organizations. This restriction shall also prohibit a private, nongovernment affiliated organization from examining or copying continuing education certificates maintained by individual registrants. Nothing in this paragraph shall prohibit the pharmacist in charge from voluntarily allowing appropriate agencies and organizations to inspect or examine the records and pharmacy area under the control of the pharmacist in charge provided such inspections or examinations are for the purposes of ensuring the quality of care provided to patients; and
(20) Serving as the sole governmental or other authority which shall have the authority to approve or recognize accreditation or certification programs for specialty pharmacy practice or to determine the acceptability of entities which may accredit pharmacies or certify pharmacists in a specialty of pharmacy practice, and the board may require such accreditation or certification as a prerequisite for specialty or advanced pharmacy practice. Such accreditation and certification standards for specialties shall be set forth in rules promulgated by the board with such rules to contain the required qualifications or limitations. Any accreditation or certification for specialty pharmacy practice approved or recognized by the board shall be deemed sufficient to meet any and all standards, licensure, or requirements, or any combination thereof, otherwise set forth by any private entity or other government agency to satisfy its stated goals and standards for such accreditation or certification. Nothing in this paragraph shall prohibit private entities, government agencies, professional organizations, or educational institutions from submitting accreditation or certification programs for the review and potential approval or recognition by the board. Accreditation and certification for specialty pharmacy practice under this paragraph shall be subject to the following conditions:

(A) Applications shall be submitted as set forth in rules promulgated or approved by the board for accreditation or certification;

(B) Only a pharmacist registered by this state and maintaining an active license in good standing is eligible for certification in a specialty pharmacy practice by the board;

(C) Only a pharmacy registered by this state and maintaining an active license in good standing is eligible for accreditation for specialty pharmacy practice by the board;

(D) Any board approved or recognized accreditation for a specialty pharmacy practice of a pharmacy is to be deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999;

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(E) Any board approved or recognized specialty certification issued to a pharmacist is deemed sufficient and shall satisfy any standards or qualifications required for payment of services rendered as set forth by any insurance company, carrier, or similar third-party payor plan in any policy or contract issued, issued for delivery, delivered, or renewed on or after July 1, 1999; and
(F) The board may deny, revoke, limit, suspend, probate, or fail to renew the accreditation or specialty certification of a pharmacy, pharmacist, or both for cause as set forth in Code Section 26-4-60 or for a violation of Chapter 13 of Title 16 or if the board determines that a pharmacy, pharmacist, or both, no longer meet the accreditation or certification requirements of the board. Before such action, the board shall serve upon the pharmacist in charge of a pharmacy or pharmacist an order to show cause why accreditation or certification should not be denied, revoked, limited, suspended, or probated or why the renewal should not be refused. The order to show cause shall contain a statement for the basis therefor and shall call upon the pharmacist in charge of a pharmacy, the pharmacist, or both, to appear before the board at a time and place not more than 60 days after the date of the service of the order."

SECTION 3.
Said chapter is further amended by striking subsection (b) of said Code Section 26-4-28 and inserting in its place the following:

"(b) Proceedings by the board in the exercise of its authority to iaauc, cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In all such proceedings the board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the fitness of a licensee or applicant to practice pharmacy is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant in private."

SECTION 4.
Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 26-4-41, relating to qualifications for license to practice pharmacy, and inserting in its place the following:

"(4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy that haa been as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language;".

SECTION 5.
Said chapter is further amended by striking subsection (c) of Code Section 26-4-42, relating to license transfers, which reads as follows:

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"(c) To obtain a license to engage in the practice of pharmacy, a foreign pharmacy graduate applicant shall obtain the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examination as well as attaining a passing score on the Test of English as a Foreign Language (TOEFL) as established by the board. Additionally, a foreign pharmacy graduate applicant shall:

(1) Have submitted a written application in the form prescribed by the board;

(2) Have attained the age of majority;

(3) Be of good moral character;

(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;

(5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee;

(6) Have successfully passed an examination approved by the board; and

(7) Have paid the fees specified by the board.", and inserting in its place the following:

"(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall:

(1) Have submitted a written application in the form prescribed by the board;

(2) Have attained the age of majority;

(3) Be of good moral character;

(4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state;

(5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee;

(6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board."

SECTION 6.
Said chapter is further amended by adding following Code Section 26-4-44 a new Code section to read as follows:

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"26-4-44.1.

(a) The board shall provide by rule for an inactive pharmacist license status for those individuals who elect to apply for such status. Persons who are granted inactive status shall be exempt from the requirements of continuing pharmaceuticals education.

(b) The board shall provide by rule for reactivation of a pharmacist license for those persons who wish to have an active license. Such individuals must first file a reactivation application with the board and comply with the requirements for reactivation as set forth by board rule."
SECTION 7.
Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 26-4-46, relating to eligibility for pharmacy intern licenses, which reads as follows:
"(3) An individual who does not otherwise meet the requirements of paragraph (1) or (2) of this subsection and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate, who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.",
and inserting in its place the following:
"(3) An individual who does not meet the requirements of paragraph (1) and (2) of this subsection and is a graduate of a pharmacy school or college located in another country but who has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations, the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language."

SECTION 8.
Said chapter is further amended by striking subsection (c) of Code Section 26-4-60, relating to disciplinary actions, and inserting in its place the following:

"(c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the The board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications."
SECTION 9.
Said chapter is further amended by striking Code Section 26-4-61, relating to temporary license suspension, which reads as follows:
"26-4-61.

Notwithstanding any provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds that a pharmacist or pharmacy intern has violated a law or rule that the board is empowered to enforce, and if continued practice by the pharmacist or pharmacy intern would create an imminent risk of harm to the public. The suspension shall take effect upon written notice to the pharmacist or

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pharmacy intern, specifying the law or rule violated. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' within 20 days thereafter. The pharmacist or pharmacy intern shall be provided with at least ten days notice of any hearing held under this subsection.",
and inserting in its place the following:
"26-4-61.

(a) The provisions of subsection (c) of Code Section 50-13-18 with respect to emergency action by a state examining board and summary suspension of a license are adopted and incorporated by reference into this Code section.

(b) Whenever a notice of summary suspension, notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding is docketed, it shall be personally served upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after reasonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant.

(c) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, 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."

SECTION 10. Said chapter is further amended by adding at the end a new article to read as follows:

26-4-170.

"ARTICLE 10

This article shall be known and may be cited as the 'Nuclear Pharmacy Law.' 26-4-171.

As used in this article, the term:

(1) 'Authentication of product history1 means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical.

(2) 'Board' means the State Board of Pharmacy.

(3) 'Compounding of radiopharmaceuticals' means the addition of a radioactive substance to nonradioactive substances or the use of a radioactive substance in preparation for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting reagents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals.

(4) 'Department' means the Department of Natural Resources.

THURSDAY, MARCH 18, 1999

1937

(5) 'Internal test assessment' means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test.
(6) 'Manufacturing of radiopharmaceuticals' means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to provide a radiopharmaceutical for sale, resale, redistribution, or reconstitution.
(7) 'Nuclear pharmacy' means a pharmacy providing radiopharmaceutical service.
(8) 'Radiopharmaceutical' means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers.
(9) 'Radiopharmaceutical quality assurance' means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on radiopharmaceuticals and their component materials and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.
(10) 'Radiopharmaceutical service' means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the maintenance of radiopharmaceutical quality assurance; and the responsibility for advising, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a nuclear pharmacy.
26-4-172.
(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this article and the conditions of rules and regulations promulgated by the Board of Natural Resources for radioactive materials and administered by the department. The requirements of this article are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department.
(b) Nothing in this article shall be construed as requiring a licensed physician to obtain a separate license as a nuclear pharmacist, when his or her use of radiopharmaceuticals is limited to the diagnosis and treatment of his or her own patients.
(c) Nothing in this article shall be construed so as to require a licensed clinical laboratory, which is licensed by the Department of Human Resources to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals.
(d) Nothing in this article shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license.

1938

JOURNAL OF THE HOUSE

26-4-173.
(a) An applicant for a license as a nuclear pharmacist shall:
(1) Be a currently licensed pharmacist in the State of Georgia;
(2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and
(3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department.
(b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section. 26-4-174.
(a) A permit to operate a nuclear pharmacy shall only be issued in accordance with Article 6 of this chapter with the added designation that the pharmacist in charge be a nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceuticals shall be under the supervision of a licensed nuclear pharmacist. All acts of compounding and dispensing radiopharmaceuticals shall be performed by the nuclear pharmacist or by a pharmacist or pharmacy intern under the direct supervision and control of a nuclear pharmacist. A nuclear pharmacist shall be responsible for all operations of the nuclear pharmacy and shall be in personal attendance at all times when the acts of compounding and dispensing are performed and the pharmacy is open for business.
(b) Nuclear pharmacies shall have adequate space, commensurate with the scope of services provided and, as required by rules and regulations promulgated by the board pursuant to implementation of this article, shall meet minimal space requirements established for all pharmacies in the state. The nuclear pharmacy area shall be separate from the pharmacy areas for nonradiopharmaceuticals and shall be secured from unauthorized personnel.
(c) Nuclear pharmacies shall only dispense radiopharmaceuticals which comply with acceptable professional standards of radiopharmaceutical quality assurance.
(d) Nuclear pharmacies shall maintain records of acquisition and disposition of all radiopharmaceuticals in accordance with requirements of the board and the department.
(e) Nuclear pharmacies shall comply with all applicable laws and regulations of federal and state agencies, including those laws and regulations governing nonradioactive drugs and pharmaceuticals.
(f) Radiopharmaceuticals are to be dispensed only upon prescription order by a physician who is authorized by the department to possess, use, and administer radioactive materials.

THURSDAY, MARCH 18, 1999

1939

(g) A nuclear pharmacist may transfer to authorized persons radioactive materials not intended for drug use, in accordance with department regulations for radioactive materials. A nuclear pharmacy may also furnish radioactive materials for use to physicians, for individual patient use in accordance with subsection (f) of this Code section.
(h) In addition to any labeling requirements required by rules and regulations of the board for nonradiopharmaceuticals, the immediate outer container of a radiopharmaceutical to be dispensed shall also be labeled as required in rules and regulations of the board and of the department.
(i) The amount of radioactivity dispensed in each individual preparation shall be determined by the nuclear pharmacist through radiometric methods immediately prior to dispensing.
(j) Nuclear pharmacies may redistribute federal Food and Drug Administration approved radiopharmaceuticals if the pharmacy does not process the radiopharmaceuticals in any manner or violate the product packaging. Such redistribution may only be made to another nuclear pharmacy or other authorized person or institution.
26-4-175.
Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of the department.
26-4-176.
The board may limit, suspend, or revoke licenses issued under the provisions of this article, or impose any other reasonable sanctions upon holders of such licenses upon proof of any of the violations specified in Code Sections 26-4-60 and 26-4-113.
26-4-177.
The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-60 and 26-4-113. In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in any manner upon any examination administered pursuant to this article.
26-4-178.
The board is authorized to promulgate rules and regulations to implement the provisions of this article.
26-4-179.
Nothing in this article shall be construed to repeal the authority of the Department of Natural Resources to regulate the use of radioactive materials."
SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

Representatives Williams of the 114th and Parham of the 122nd move to amend the Committee substitute to SB 100 by adding at the end of line 25 of page 1 the following:

1940

JOURNAL OF THE HOUSE

"by striking Code Section 26-4-4, defining the practice of pharmacy, and inserting in its place the following:
'26-4-4.

The "practice of pharmacy" means the interpretation, evaluation, or dispensing of prescription drug orders in the patient's best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care; performing capillary blood tests and interpreting the results as a means to screen for or monitor disease risk factors and facilitate patient education, and a pharmacist performing such functions shall report the results obtained from such blood tests to the Tp?5atient's physician of choice; and the responsibility for compounding and labeling of drnugs and devices.'

SECTION 1.1. Said chapter is further amended".

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
Crawford Cummings Davis, M

Y Davis, T E Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Dukes Y Ehrhart Y Epps Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Grindley Y Hammontree Y Hanner Y Harbin E 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 Joyce Y Kaye Y Lane Y Lewis Y Lord Lucas Maddox Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee McCall McClinton 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
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall E Ray
Reaves Y Reece
Reed Y Reese Y Reichert
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
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, as amended, the ayes were 141, nays 1.

THURSDAY, MARCH 18, 1999

1941

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

Representative Tolbert of the 25th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Jones of the 71st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 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 generally, so as to prohibit certain individual major medical or group health insurance 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.

The report of the Committee, which was favorable to the 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 N Brown Y Buck Y Buckner Y Bulloch Y 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
Davis, M

Y Davis, T E Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart
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
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 Y Kaye Y Lane Y Lewis N Lord
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 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
E Ray Reaves
Y Heece Y Reed N Reese Y Reichert N Rice Y Richardson
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 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 16. The Bill, having received the requisite constitutional majority, was passed.

1942

JOURNAL OF THE HOUSE

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 treatment of morbidly obese patients when said treatment is ordered, conducted, or supervised by health care providers specializing in the management of patients so afflicted.

Pursuant to Rule 134, Representative Cooper of the 31st was excused from voting on SB 24.

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

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

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
Cooper Y Cox Y Crawford Y Cummings
Davis, M

Y Davis, T E Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart
Epps E 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 Y Houston
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 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 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 E Ray
Reaves
Y Reece Y Reed Y Reese Y 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 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
Y Smith, V
Smyre
Y Snelling Y Snow
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 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 157, nays 5.
The Bill, having received the requisite constitutional majority, was passed.
Representative Davis of the 60th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

THURSDAY, MARCH 18, 1999

1943

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.

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
Davis, M

Y Davis, T E Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart 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 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
Maddox 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 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 E 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
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
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.
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.

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 Y Bordeaux Y Borders

Y Bridges Y Brooks Y Brown Y Buck

Y Buckner Y Bulloch Y Bunn Y Burkhalter

1944
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 E Day Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart
Epps K Evans Y Everett Y Felton Y 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
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
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 OTSTeal 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 E Ray
Reaves
Y Reece Y Reed Y Heese 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 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 adoption of the Resolution, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representative Byrd of the 170th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 102 Do Pass, by Substitute SB 165 Do Pass, by Substitute SB 199 Do Pass
Respectfully submitted, /s/ Byrd of the 170th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

THURSDAY, MARCH 18, 1999

1945

SB 108 Do Pass, by Substitute

Respectfully submitted, Isl Twiggs of the 8th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000.

The following Bills of the House were taken up for the purpose of considering the Senate amendment or substitutes thereto:
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 following Senate amendment was read:
Amend HB 6 by adding following the word and symbol "benefits;" on line 6 of page 1 the following:
"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; to remove the six-month cap and to provide that such continuing garnishments shall cover property acquired by the garnishee from the time of service to the time all debts to the plaintiff are satisfied or the employment relationship is terminated;".
By inserting between lines 30 and 31 on page 1 the following:
"Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding at the end of Article 1, relating to garnishment in general, a new Code Section 18-4-8 to read as follows:
'18-4-8.

When proceedings are filed under any provision of this chapter involving a corporation as garnishee, the execution and filing of an answer shall not constitute the practice of law and may be done by an officer or employee of the corporation otherwise authorized to act for the corporation. The corporation's payment into court of any money or property or money and property which is admitted to be subject to garnishment likewise shall not constitute the practice of law and may also be done by an authorized officer or employee of the corporation.'

1946

JOURNAL OF THE HOUSE

SECTION 3. Said chapter is further amended in Code Section 18-4-66, relating to forms for postjudgment garnishment, by striking from paragraph (4) the language below the signature line in the form for answer of garnishee, which language reads as follows:
'Garnishee or his attorney at law', and inserting in its place the following new language:
'Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee'.
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 18-4-111, relating to property, money, or effects subject to continuing garnishment, and inserting in lieu thereof the following:
'18-4-111.

(a) All debts owed by the garnishee to the defendant at the time of service of summons of continuing garnishment upon the garnishee and all debts accruing from the garnishee to the defendant from such date of service to and including the one hundred seventy ninth day thereafter shall be subject to process of continuing garnishment until (1) all such debts are fully satisfied or (2) the employment relationship is terminated and the garnishee has no further money or property of the defendant subject to the garnishment; and no payment made by the garnishee to the defendant or to his or her order or by any arrangement between the defendant and the garnishee after the date of the service of the summons of continuing garnishment upon the garnishee shall defeat the lien of such garnishment.
(b) All property, money, or effects of the defendant in the possession or control of the garnishee at the time of service of the summons of continuing garnishment upon the garnishee or coming into the possession or control of the garnishee at any time from the date of such service to and including the one hundred seventy ninth day thereafter shall be subject to process of continuing garnishment until (1) all such debts are fully satisfied, or (2) the employment relationship is terminated and the garnishee has no further money or property of the defendant subject to the garnishment; except in the case of collateral securities in the hands of a creditor. Such securities shall not be subject to continuing garnishment so long as there is an amount owed on the debt for which such securities were given as collateral.
(c) Notwithstanding this Code section, the exemptions from garnishment required or allowed by law, including, but not limited to, exemptions provided by Code Sections 18-4-20 and 18-4-22, shall be applicable to a continuing garnishment.'
SECTION 5.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 18-4-112, relating to filing and contents of affidavit for continuing garnishment, issuance of summons of continuing garnishment generally, and notice and service of summons, and inserting in lieu thereof the following:
'(c) The plaintiff, using either forms provided by the court or forms prepared by himself or herself, shall cause forms sufficient for seven answers to a summons of continuing garnishment to be served on the garnishee along with the summons. The garnishee shall be responsible for providing forms for additional answers.'

THURSDAY, MARCH 18, 1999

1947

SECTION 6.
Said chapter is further amended by striking Code Section 18-4-113, relating to the filing of answers to continuing garnishments, and inserting in lieu thereof a new Code section to read as follows:
'18-4-113.

(a) The summons of continuing garnishment shall be directed to the garnishee, who shall be required:
(1) To file a first answer no later than 45 days after service of summons of continuing garnishment, which answer shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the time of service through and including the day of the first answer;
(2) To file further answers for the remaining period covered by the summons of continuing garnishment. Further answers shall be filed no later than 45 days after the previous answer date. Further Except as provided in Code Section 18-4-117, further answers shall state what property, money, or other effects of the defendant are subject to continuing garnishment from the previous answer date through and including the date on which that next answer is filed. No aubscqucnt answers shall be re quired on a summons of continuing garnishment if the last answer filed statca what property, money, or other cffccta of the defendant arc subject to continuing garnioh mcnt from the prcvioua answer date to and including the one hundred seventy ninth day after acrvicc of summons of continuing garnishment. The last answer shall be filed, notwithstanding the other proviaiona of thia paragraph, no later than the one hundred ninety fifth day after service. For purposes of this paragraph, "previous answer date" means the date upon which the immediately preceding answer to the summons of continuing garnishment was filed as provided in this subsection; and
(3) To accompany all such answers with any property, money, or other effects of the defendant admitted in the answer to be subject to continuing garnishment.
(b) The summons of continuing garnishment shall state the requirements of subsection (a) of this Code section and shall inform the garnishee that failure to comply with such requirements may result in a judgment against the garnishee for the entire amount claimed due on the judgment against the defendant.'
SECTION 7.
Said chapter is further amended in Code Section 18-4-118, relating to forms for continuing garnishment, by striking from paragraph (3) the language below the signature line in the form for answer of garnishee, which language reads as follows:
'Garnishee or his attorney at law',
and inserting in its place the following new language:
'Garnishee, garnishee's attorney, or officer or agent of a corporate garnishee'.
SECTION 8".
By striking from line 1 on page 2 the following:
"SECTION 3",.
and inserting in lieu thereof the following:

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"SECTION 9".

Representative Franklin of the 39th moved that the House agree to the Senate amendment to HB 6.

On the motion, 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 N Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell Cooper Cox Crawford Cummings Davis, M

N Davis, T E Day N Dean N DeLoach, B Y DeLoach, G Y Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps E Evans Y Everett Y Felton N Floyd Y Franklin Y Golick N Graves N Greene Y Grindley
Hammontree N Hanner Y Harbin N Harrell N Heard
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 N Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas N Maddox
Mann N Manning N Martin, J N Martin, J.L E Massey N McBee Y 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 Y Pinholster N Poag Y Ponder N Porter Y Powell N Purcell N Ragas N Randall E Ray
Reaves N Reece N Reed Y Reese N Reichert Y Rice N Richardson N Roberts
Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid Y Scott N Shanahan N Shaw Y Shipp N Sholar N Sims N Sinkfield N Skipper Y Smith, B
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
Stuckey N Taylor N Teague N Teper N Tiltaan Y Tolbert N Trense N Turnquest N Twiggs Y Unterman N Walker, L Y Walker, R.L N Watson
West N Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 49, nays 113.
The motion was lost.
Representative West of the 101st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
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 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.
The following Senate substitute was read:

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1949

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 electronic name of the person executing the document in lieu of a signature; to provide for fees; to provide that the Secretary of State may provide for the electronic filing of documents; to define a certain term; to provide for the evidentiary value of documents electronically transmitted; to delete certain provisions relative to the contents of articles of incorporation; to provide that a shareholder may by means of electronic transmission appoint a proxy to vote for him or her; 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 change the provisions relating to which activities of a foreign corporation do not constitute transacting business; to change certain provisions relative to the publication of notice of incorporation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships and associations, is amended by striking in its entirety Code Section 14-2-120, relating to filing documents relative to business corporations, and inserting in lieu thereof the following:
"14-2-120.
(a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State.
(b) This chapter must require or permit filing the document in the office of the Secretary of State.
(c) The document must contain the information required by this chapter. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. A corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) By the chairman chairperson of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers;
(2) If directors have not been selected or the corporation has not been formed, by an incorporator; or
(3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary;

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provided, however, that the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State.
(g) The person executing the document shall sign it and state beneath or opposite his or her signature his or her name and the capacity in which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may but need not contain:
(1) The corporate seal;
(2) An attestation by the secretary or an assistant secretary; or
(3) An acknowledgment, verification, or proof.
(h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-2-503 and 14-2-1509), the correct filing fee, any certificate required by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1, and any penalty required by this chapter or other law.
(i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures."
SECTION 2. Said title is further amended by striking in its entirety Code Section 14-2-127, relating to the evidentiary effect of a copy of a filed document, and inserting in lieu thereof the following:
"14-2-127.

A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State."
SECTION 3. Said title is further amended by inserting immediately following paragraph (7) of Code Section 14-2-140, relating to definitions relative to business corporations, a new paragraph to read as follows:
"(7.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient."
SECTION 4. Said title is further amended by striking in its entirety Code Section 14-2-202, relating to articles of incorporation relative to business corporations, and inserting in lieu thereof the following:
"14-2-202.
(a) The articles of incorporation must set forth:

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(1) A corporate name for the corporation that satisfies the requirements of Code Section 14-2-401;
(2) The number of shares the corporation is authorized to issue;
(3) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office;
(4) The name and address of each incorporator; and
(5) The mailing address of the initial principal office of the corporation, if different from the initial registered office.
(b) The articles of incorporation may set forth:
(1) The names and addresses of the individuals who are to serve as the initial directors;
(2) Provisions not inconsistent with law regarding: (A) The purpose or purposes for which the corporation is organized; (B) Managing the business and regulating the affairs of the corporation; (C) Defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (D) A par value for authorized shares or classes of shares; and (E) The imposition of personal liability on shareholders for the debts of the corporation to a specified extent and upon specified conditions;
(3) Any provision that under this chapter is required or permitted to be set forth in the bylaws;
(4) A provision eliminating or limiting the liability of a director to the corporation or its shareholders for monetary damages for any action taken, or any failure to take any action, as a director, except liability:
(A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal benefit,
provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; and
(5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the corporation and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors

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such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constituency any right to be considered.
(c) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter."
SECTION 5.
Said title is further amended by striking in its entirety Code Section 14-2-501, relating to the registered office and registered agent relative to business corporations, and inserting in lieu thereof the following:
"14-2-501.

Each corporation must continuously maintain in this state:
(1) A registered office that may be the same as any of its places of business; and
(2) A registered agent, who may be: (A) An individual A person who resides in this state and whose business office is identical with the registered office; (B) A domestic corporation or nonprofit domestic corporation whose business office is identical with the registered office; or (C) A foreign corporation or nonprofit foreign corporation authorized to transact business in this state whose business office is identical with the registered office."
SECTION 6. Said title is further amended by striking in its entirety Code Section 14-2-722, relating 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 executing a writing which authorizes another person or pcraona to vote or othcrwiac act for the shareholder by signing an appointment form. Execution may be accomplished by any reasonable mcana, including facsimile tranamiaaion, cither personally or by an attorney in fact in the eaoc of an individual shareholder or by an authorized officer, director, employee, or agent in the case of any other shareholder. Any copy, facsimile transmission, or other reliable reproduction of such writing or transmission may be substituted or uacd in lieu of the original writing or transmission for any and all pur P03C3 for which the original writing or transmission could be used, provided that such copy, facsimile transmission, or other reproduction ohall 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 He electronic transmission of the aigncd appointment is received by the inspector of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly provided in the appointment form.

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(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 appointment; 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 incapacity 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 revoked when the interest with which it is coupled is extinguished.
(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 authority stated in the appointment form or electronic transmission, a corporation is entitled 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 7.
Said title is further amended by striking in its entirety Code Section 14-2-1006.1, relating to the publication of notice of change of name, and inserting in lieu thereof the following:
"14-2-1006.1.
(a) Together with any articles of amendment which change the name of the corpora tion, the corporation ahull deliver to the Secretary of State a certificate executed by an officer or director of auch corporation, or any person undertaking such rcqucat on bo half of the corporation, verifying that the rcqucat for publication of a notice of intent to file articles of amendment to change the name of the corporation and payment

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therefor have been made aa required by aubocction (b) of thia Code acction. Together with the articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State an undertaking, which may appear in the articles of amendment or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation, to publish a notice of the filing of the articles of amendment as required by subsection (b) of this Code section.
(b) Prior to filing any articles of amendment which change the name of the cprporatiea No later than the next business day following the delivery of the articles of amendment and certificate as provided in subsection (a) of this Code section, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF CHANGE OF CORPORATE NAME
Notice is given that articles of amendment which will change the name of _______________ (present corporate name) to _______________ (proposed corporate name) will be have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at _______________ (address of registered office).'
The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 14-2-1104, relating 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 parent 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 requirements of Code Section 14-2-1103 unless:
(1) Immediately following the effective time of the merger, the articles of incorporation and the bylaws of the surviving corporation are identical, except for any differences 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 corporation immediately prior to the effective time of the merger;

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(2) Each shareholder of the parent corporation whose shares were outstanding immediately 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 immediately 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 pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the parent corporation authorized by its articles of incorporation immediately prior to the effective time of the merger; and
(4) The directors of the parent corporation become or remain the directors of the surviving corporation upon the effective time of the merger.
Xc) 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.
(eXd) Within ten days after the corporate action is taken, the parent surviving corporation 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.
Articlca 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 9.
Said title 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, directly 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 understanding 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 understanding; 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, arrangement, 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 pursuant

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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 pursuant to any agreement, arrangement, or understanding if the agreement, arrangement, 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 10.
Said title is further amended by striking in its entirety Code Section 14-2-1131, relating 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 pcroon ahall not be considered 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 person or any of such person's affiliates or aooociatca until such tendered stock ia accepted for purchase or exchange; or
(B) Any equity securities which auch person or such pcraon'o affiliates or associates have the right to vote pursuant to any agreement, arrangement, or undcratanding if the agreement, arrangement, or understanding to vote such stock arises solely from a revocable proxy or consent given in rcaponac to a proxy or consent solicitation made to ten or more persons;
(3) For purposes of this part, 'business combination' means:
(A) Any merger or consolidation of the resident domestic corporation or any subsidiary with: (i) any interested shareholder; or (ii) any other corporation, whether or not itself an interested shareholder, which is, or after the merger or consolidation 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 voting 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 interested 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 resident 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 subsidiary, 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 subsidiaries, except pursuant to the exercise of warrants or rights to purchase securities of-

THURSDAY, MARCH 18, 1999

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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 interested 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 recapitalization of the resident domestic corporation, or any merger or consolidation of the resident domestic corporation with any of its subsidiaries, which has the effect, 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 beneficially 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 benefit, directly or indirectly (except proportionately as a shareholder of the corporation), of any loans, advances, guarantees, pledges, or other financial benefits or assistance 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 corporation, 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 interested shareholder prior to the consummation of the transaction;
(3X2) For purposes of this part and Part 2 of this article, the presumption of 'control' 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 beneficially 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."

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SECTION 11. Said title 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 12. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-2-1501, relating to the requirement that a foreign corporation have a certificate of authority to transact business, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section:
(1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes;
(2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs;
(3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts;
(4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities;
(5) Effecting sales through independent contractors;
(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation;
(7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same;
(8) Securing or collecting debts or enforcing any rights in property securing the same;
(9) Owning, without more, real or personal property;
(10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature;
(11) Effecting transactions in interstate or foreign commerce;

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(12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; of
(13) Owning (directly or indirectly) an interest in or controlling (directly or indirectly) another pcraon entity organized under the laws of, or transacting business within, this state; or
(14) Serving as a manager of a limited liability company organized under the laws of, or transacting business within, this state."
SECTION 13. Said title is further amended by striking in its entirety Code Section 14-2-1622, relating to the annual registration for the Secretary of State, and inserting in lieu thereof the following:
"14-2-1622.

(a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the corporation, the employer identification number iaaucd by the federal government, and the state or country under whose law it is incorporated;
(2) The street address and county of its registered office and the name of its registered agent at that office in this state;
(3) The mailing address of its principal office; and
(4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions.
(b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation.
(c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years.
(d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State.
(e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed."

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SECTION 14. Said title is further amended by striking in its entirety Code Section 14-3-120, relating to the filing of documents relative to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-120.
(a) A document must satisfy the requirements of this Code section and of any other Code section that adds to or varies these requirements to be entitled to filing by the Secretary of State.
(b) This chapter must require or permit filing the document in the office of the Secretary of State.
(c) The document must contain the information required by this chapter. It may contain other information as well.
(d) The document must be typewritten or printed.
(e) The document must be in the English language. However, a corporate name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations need not be in English if accompanied by a reasonably authenticated English translation.
(f) The document must be executed:
(1) By the chairman chairperson of the board of directors of a domestic or foreign corporation, its president, or by another of its officers;
(2) If directors have not been selected or the corporation has not been formed, by an incorporator; or
(3) If the corporation is in the hands of a receiver, trustee, or other court appointed fiduciary, by that fiduciary;
provided, however, the person executing the document may do so as an attorney in fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State.
(g) The person executing a document shall sign it and state beneath or opposite the signature his or her name and the capacity in which he or she signs; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. The document may, but need not, contain:
(1) The corporate seal;
(2) An attestation by the secretary or an assistant secretary; or
(3) An acknowledgment, verification, or proof.
(h) The document must be delivered to the office of the Secretary of State for filing and must be accompanied by one exact or conformed copy (except as provided in Code Sections 14-3-503 and 14-3-1509), the correct filing fee, any certificate required by this chapter, and any penalty required by this chapter or other law.

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(i) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures."

SECTION 15.
Said title is further amended by striking in its entirety Code Section 14-3-122, relating to filing fees, and inserting in lieu thereof the following:
"14-3-122.

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:

Document

Fee

(1) Articles of incorporation..................................................................................$ 60.00

(2) Application for certificate of authority......................................................... 70.00

(3) Annual registration.......................................................................................... 15.00

(4) Agent's statement of resignation.................................................................... No fee

(5) Certificate of judicial dissolution.................................................................... No fee

(6) Application for reservation of a corporate name.......................................... No fee

(7) Statement of change of address of registered agent...$5.00 per corporation but not less than........................................................................................................... 20.00

(8) Application for reinstatement.............................................................. 100.00 20.00

(9) Any other document required or permitted to be filed by this chapter.... 20.00

(b) Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year shall not be required to pay any penalty for so failing or refusing to file its annual report, but such corporation may be subject to involuntary administrative dissolution as provided in Code Section 14 3 1480 14-3-1420."

SECTION 16.
Said title is further amended by striking in its entirety Code Section 14-3-127, relating to the evidentiary effect of copy of filed document, and inserting in lieu thereof the following:
"14-3-127.

A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State."

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SECTION 17.
Said title is further amended by inserting immediately following paragraph (11) of Code Section 14-3-140, relating to definitions relative to nonprofit corporations, a new paragraph to read as follows:
"(11.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient."
SECTION 18.
Said title is further amended by striking in its entirety Code Section 14-3-202, relating to articles of incorporation relative to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-202.

(a) The articles of incorporation must set forth:
(1) A corporate name for the corporation that satisfies the requirements of Code Section 14-3-401;
(2) The street address and county of the corporation's initial registered office and the name of its initial registered agent at that office;
(3) The name and address of each incorporator;
(4) Whether or not the corporation will have members;
(5) The mailing address of the initial principal office of the corporation, if different from the initial registered office; and
(6) A statement that the corporation is organized pursuant to the Georgia Nonprofit Corporation Code.
(b) The articles of incorporation may set forth:
(1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity;
(2) The names and addresses of the individuals who are to serve as the initial directors;
(3) Provisions not inconsistent with law regarding: (A) Managing and regulating the affairs of the corporation; (B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members;
(4) A provision eliminating or limiting the liability of a director to the corporation or its members for monetary damages for any action taken, or any failure to take any action, as a director, except liability:
(A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation;

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(B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Sections 14-3-860 through 14-3-864; or (D) For any transaction from which the director received an improper personal benefit,
provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective;
(5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and
(6) Provisions not inconsistent with law regarding the distribution of assets on dissolution.
(c) One or more incorporators named in the articles must sign the articles unless the filing is being signed by an attorney in fact.
(d) The articles of incorporation need not set forth any of the corporate powers enumerated in this chapter."
SECTION 19. Said title is further amended by striking in its entirety Code Section 14-3-501, relating to registered offices and registered agents, and inserting in lieu thereof the following:
"14-3-501.

Each corporation must continuously maintain in this state:
(1) A registered office with the same address as that of the registered agent; and
(2) A registered agent, who may be: (A) An individual A person who resides in this state and whose office is identical with the registered office; (B) A domestic business or nonprofit corporation formed under this chapter or under Chapter 2 of this title whose office is identical with the registered office; or (C) A foreign business or nonprofit corporation authorized to transact business in this state whose office is identical with the registered office."
SECTION 20. Said title is further amended by striking in its entirety Code Section 14-3-1005.1, relating to notice of intent to change corporate name, and inserting in lieu thereof the following:
"14-3-1005.1.
(a) Together with any articles of amendment which change the name of the corpora tion, the corporation shall deliver to the Secretary of State a certificate executed by an officer or director of ouch corporation, or any poroon undertaking auch request on behalf of the corporation, verifying that the request for publication of a notice of intent to file articlca of amendment to change the name of the corporation and payment therefor have been made ao required by aubocetion (b) of thia Code acction. Together with the articles of amendment which change the name of the corporation, the corporation shall deliver to the Secretary of State an undertaking, which may appear in the

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articles of amendment or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation, to publish a notice of the filing of the articles of amendment as required by subsection (b) of this Code section.
(b) Prior to filing any articles of amendment which change the name of the corportxtieft No later than the next business day following the delivery of the articles of amendment and certificate as provided in subsection (a) of this Code section, the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is the newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form:
'NOTICE OF CHANGE OF CORPORATE NAME
Notice is given that articles of amendment which will change the name of _______________ (present corporate name) to _______________ (proposed corporate name) will be have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The registered office of the corporation is located at _______________ (address of registered office).'
The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment for the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the articles of amendment or the change of the name of the corporation."
SECTION 21.
Said title is further amended by striking in its entirety Code Section 14-3-1622, relating to the annual registration of corporations, and inserting in lieu thereof the following:
"14-3-1622.

(a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth:
(1) The name of the corporation, the employer identification number isaucd by the federal government, and the state or country under whose law it is incorporated;
(2) The street address and county of its registered office and the name of its registered agent at that office in this state;
(3) The mailing address of its principal office, if any; and
(4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions.
(b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation.

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(c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years.
(d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State.
(e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed."
SECTION 22.
Said title is further amended by inserting immediately following paragraph (2) of Code Section 14-9-101, relating to definitions relative to limited partnerships, a new paragraph to read as follows:
"(2.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient."
SECTION 23.
Said title is further amended by striking in its entirety Code Section 14-9-104, relating to the registered office and agents, and inserting in lieu thereof the following:
"14-9-104.

(a) Each limited partnership shall continuously maintain in this state:
(1) A registered office which may, but need not, be a place of its business in this state; and
(2) A registered agent for service of process on the limited partnership. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection.
(b) An agent for service of process must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state.
(c) A limited partnership may change its registered office or its registered agent er agents, or both, by executing and filing in the office of the Secretary of State a state mcnt filing an amendment to its annual registration setting forth:
(1) The name of the limited partnership;
(2) The address of its then registered office;

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(3) If the address of its registered office is to be changed, the new address of the registered office;
(4) The name or names of its then registered agent or agents;
(5) If its registered agent or agents are to be changed, the name or names of its successor registered agent or agents and the written consent of each successor agent to his or her or its appointment; and
(6) That the address of its registered office and the address of the business office of its registered agent or agents, as changed, will be identical.
(d) If the Secretary of State finds that such statement conforms to subsection (a) of this Code section, he or she shall file such statement in his or her office; and upon such filing the change of address of the registered office or the change of the registered agent or agents, or both, as the case may be, shall become effective.
(e) Any registered agent of a limited partnership may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed or delivered to the limited partnership for which such agent is acting. Upon such resignation becoming effective, the address of the business office of the resigned registered agent shall no longer be the address of the registered office of the limited partnership.
(f) A registered agent may change his or her or its business address and the address of the registered office of any limited partnership of which he or she or it is a registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed or delivered to a representative or agent of each such limited partnership other than the notifying registered agent.
(g) The registered agent of one or more limited partncrshipa may resign and appoint a successor registered agent by filing a statement with the Secretary of State stating that ho or it resigns and the name and addrcaa of the aucccaaor registered agent. There shall be attached to such certificate a statement executed by each affected lim itcd partnership ratifying and approving aueh change of registered agent. Upon such filing, the aucccaaor registered agent shall become the registered agent of such limited partncrghips aa have ratified and approved auch substitution and the aucccaaor rcgia tcrcd agent's addrcaa, an stated in aueh statement, shall become the addrcaa of each such limited partnership's registered office in thia atatc. The Secretary of State aholl furnish to the aucccaaor registered agent a certified copy of the statement of resignation.
(hKg) Whenever a limited partnership shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited partnership upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice,

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or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the limited partnership has failed either to maintain a registered office or appoint a registered agent in this state. Any such service by certification to the Secretary of State shall be answerable in not more than 30 days. The provisions of this subsection may be used notwithstanding any inconsistent provisions of Chapter 11 of Title 9.
The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto."
SECTION 24. Said title is further amended by inserting immediately following Code Section 14-9-108 a new Code section to read as follows:
"14-9-109.
A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State."
SECTION 25. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-202, relating to the amendment of a certificate of limited partnership, and inserting in lieu thereof the following:
"(a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth:
(1) The name of the limited partnership;
(2) The date of filing of the certificate of limited partnership;
(3) The amendment to the certificate; and
(4) If the amendment is to become effective later than the time of filing, the effective date, or effective time and date, which may not be later than 90 days after the filing date of the amendment."
SECTION 26.
Said title is further amended by striking in its entirety Code Section 14-9-206, relating to filing a certificate of limited partnership with the Secretary of State, and inserting in lieu thereof the following:
"14-9-206.
(a) A signed copy, and facsimile thereof, of the certificate of limited partnership and of any certificates of amendment, cancellation, or merger, or of any judicial decree of amendment, cancellation, or merger must be delivered to the Secretary of State; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. A person who executes a certificate as an agent or fiduciary need not exhibit evidence of his or her authority as a prerequisite to filing. Unless the Secretary of State finds that a certificate does not conform to law, upon receipt of all filing fees required by law he or she shall:

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(1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and the facsimile copy;
(2) File the signed copy in his or her office; and
(3) Return the facsimile of the signed copy to the person who filed it or to his or her representative.
(b) Upon the later of the filing of a certificate of amendment pursuant to this Code section or the effective time, or effective date and time, of the amendment pursuant to paragraph (4) of subsection (a) of Code Section 14-9-202, or upon the recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited partnership is amended as set forth in the certificate of amendment.
(c) Upon the later of the filing of a certificate of cancellation pursuant to this Code section or the effective time or the effective date and time of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Section 14-9-205 of a certificate of cancellation, the certificate of limited partnership is canceled.
(d) Upon the later of the filing of a certificate of merger pursuant to this Code section or the effective time or the effective date and time pursuant to paragraph (4) of subsection (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a. certificate of merger, the constituent entities named in the certificate are merged.
(e) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures."
SECTION 27. Said title is further amended by inserting immediately following Code Section 14-9-206.2 a new Code section to read as follows:
"14-9-206.3.
(a) A limited partnership may correct a document filed by the Secretary of State if the document:
(1) Contains an incorrect statement; or
(2) Was defectively executed, attested, sealed, verified, or acknowledged.
(b) A document is corrected:
(1) By preparing articles of correction that: (A) Describe the document, including its filing date, or attach a copy of the document to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and
(2) By delivering the articles of correction to the Secretary of State for filing.

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(c) Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed."
SECTION 28. Said title is further amended by striking in its entirety Code Section 14-9-906, relative to the cancellation of a certificate of limited partnership, and inserting in lieu thereof the following:
"14-9-906.
A foreign limited partnership may cancel ita certificate of authority by filing with the Secretary of State a certificate of cancellation signed by a general partner. A foreign limited partnership authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth:
(1) The name of the limited partnership and the name of the jurisdiction under whose law it is organized;
(2) That it is not transacting business in this state and that it surrenders its authority to transact business in this state;
(3) That it revokes the authority of its registered agent to accept service on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;
(4) A mailing address to which a copy of any process served on the Secretary of State pursuant to paragraph (3) of this Code section may be mailed; and
(5) A commitment to notify the Secretary of State in the future of any change in the mailing address provided pursuant to paragraph (4) of this Code section."
SECTION 29. Said title is further amended by striking in its entirety Code Section 14-9-1101, relating to fees, and inserting in lieu thereof the following:
"14-9-1101.
The Secretary of State shall charge and collect for:
(1) Filing a certificate of limited partnership.....................................................$ 60.00
(2) Filing a registration of a foreign limited partnership................................. 170.00
(3) Filing an annual registration ......................................................................... 15.00
(4) Agent's statement of resignation.................................................................... No fee
(5) Statement of change of address of registered agent or registered office...$5.00 per limited partnership but not less than ................................................................. 20.00
(6) Filing of an amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership............................................................. 100.00

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(7) Certificate of election to become a limited partnership............................... 80.00

ffl(8) Filing any other document required or permitted pursuant to this chapter......
20.00"

SECTION 30.
Said title is further amended by inserting immediately following paragraph (6) of Code Section 14-11-101, relating to definitions relative to limited liability companies, a new paragraph to read as follows:
"(6.1) 'Electronic transmission' or 'electronically transmitted' means any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient."
SECTION 31.
Said title is further amended by inserting immediately following Code Section 14-11-101 a new Code section to read as follows:
"14-11-102.

A certificate attached to a copy of a document or electronic transmission filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State."
SECTION 32.
Said title is further amended by striking in its entirety Code Section 14-11-206, relating to the filing by the Secretary of State of certain documents relative to limited liability companies, and inserting in lieu thereof the following:
"14-11-206.

(a) A signed original and one exact or conformed copy of any document required or permitted to be filed pursuant to this chapter shall be delivered to the Secretary of State; provided, however, that if the document is electronically transmitted, the electronic version of such person's name may be used in lieu of a signature. Unless the Secretary of State finds that the document does not conform to the filing provisions of this chapter, upon receipt of all filing fees and additional information required by law, he or she shall:
(1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and copy;
(2) File the original in his or her office; and
(3) Return the copy to the person who delivered the document to the Secretary of State or the person's representative.
(b) If the Secretary of State refuses to file a document, he or she shall return it to the limited liability company or its representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal.
(c) The Secretary of State's duty to file documents under this chapter is ministerial.

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(d) If the Secretary of State finds that any document delivered for filing does not conform to the filing provisions of this chapter at the time such document is delivered to the Secretary of State, such document is deemed to have been filed at the time of delivery (or such later time and date as is authorized by paragraph (2) of subsection (e) or subsection (f) of this Code section) if the Secretary of State subsequently determines that:

(1) The document as delivered so conforms to the filing provisions of this chapter; or

(2) Within 30 days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing or that person's representative, the documents are brought into conformance.

(e) Except as provided in subsection (d) of this Code section, a document accepted for filing is effective:

(1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or

(2) At the time specified in the document as its effective time on the date it is filed.

(f) A document may specify a delayed effective time and date, and, if it does so, the document shall become effective at the time and date specified. If a delayed effective date but no effective time is specified, the document shall become effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date on which it is filed.

(g) A certificate attached to a copy of a document filed by the Secretary of State, bearing his or her signature, which may be in facsimile, and the printed or embossed seal of this state, or its electronic equivalent, is prima-facie evidence that the original document has been filed with the Secretary of State.

(h) Notwithstanding the provisions of this chapter, the Secretary of State may authorize the filing of documents by electronic transmission, following the provisions of Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act,' and the Secretary of State shall be authorized to promulgate such rules and regulations as are necessary to implement electronic filing procedures."

SECTION 33.
Said title is further amended by striking in its entirety Code Section 14-11-209, relating to a registered office and registered agent, and inserting in lieu thereof the following:
"14-11-209.

(a) Each limited liability company shall continuously maintain in this state:
(1) A registered office which may, but need not, be a place of its business in this state; and

(2) A registered agent for service of process on the limited liability company. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection.

(b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact business in this state.

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(c) A limited liability company may change its registered office or its registered agent, or both, by indicating any auch change on filing an amendment to its annual registration Sed^stwtaft<^e-this-efeapiei^^ statement getting that sets forth:
(1) The name of the limited liability company;
(2) The street address and county of its then registered office;
(3) If the address of its registered office is to be changed, the new street address and county of the registered office;
(4) The name of its then registered agent; and
(5) If its registered agent is to be changed, the name of its successor registered agent.
(d) A registered agent of a limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. On or before the date of the filing of the statement of resignation, the registered agent shall deliver or mail a written notice of the registered agent's intention to resign to the limited liability company at the most recent mailing address of the limited liability company's principal place of business in this state listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing of the limited liability company's annual registration or a statement designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement of resignation was filed.
(e) A registered agent may change the agent's office and the address of the registered office of any limited liability company of which the agent is the registered agent to another place within this state by filing a statement, as required in subsection (c) of this Code section, setting forth the required information for all limited liability companies for which he or she is the registered agent, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the limited liability company at the most recent mailing address of the limited liability company's principal place of business listed on the records of the Secretary of State.
(f) The registered agent of one or more limited liability companies may rcaign and appoint a sucec33or registered agent by signing and delivering to the Secretary of State for filing a statement stating that the agent rcsigna and the name and atr-oct addrcaa and county of the office of the aueccsaor- registered agent. There ahall be attached to auch statement a statement executed by each affected limited liability company ratifying and approving such change of registered agent. Upon aueh filing, the aucccaaor registered agent shall become the registered agent of auch limited liability companies as have ratified and approved aueh oubatitution, and the successor registered agent's office, as atatcd in auch statement, shall become the rcgiatcrcd office in this state of each such limited liability company. The Secretary of State shall furnish to the auccca aor rcgiatcrcd agent a certified copy of the statement filed purauant to this subsection.
(g)(f) Whenever a limited liability company shall fail to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall

THURSDAY, MARCH 18, 1999

1973

be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office.
(hKg) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto.
(tXh) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a limited liability company."
SECTION 34.
Said title is further amended by striking in its entirety Code Section 14-11-603, relating to the judicial and administrative dissolution of limited liability companies, and inserting in lieu thereof the following:
"14-11-603.

(a) On application by or for a member, the court may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or a written operating agreement. A certified copy of any such decree shall be delivered to the Secretary of State, who shall file it.
(b)(l) The Secretary of State may commence a proceeding under this subsection to dissolve a limited liability company administratively if:
(A) The limited liability company does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due;
(B) The limited liability company is without a registered agent or registered office in this state for 60 days or more; er
(C) The limited liability company does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or
(D) The limited liability company pays a fee as required to be collected by the Secretary of State by a check or some other form of payment which is dishonored and the limited liability company or its agent does not submit payment for said dishonored payment within 60 days from notice of nonpayment issued by the Secretary of State.
(2) If the Secretary of State determines that one or more grounds exist under this subsection for dissolving a limited liability company, he or she shall provide the limited liability company with written notice of his or her determination by mailing a copy of the notice, first-class mail, to the limited liability company at the last known address of its principal office or to the registered agent. If the limited liability company does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is provided to the limited liability company, the Secretary of State shall administratively dissolve the limited liability

1974

JOURNAL OF THE HOUSE

company by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The Secretary of State shall file the original of the certificate.
(3) A limited liability company administratively dissolved continues its existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs. Winding up the business of a limited liability company administratively dissolved may include, without limitation, the limited liability company proceeding, at any time after the effective date of the administrative dissolution, in accordance with Code Sections 14-11-607 and 14-11-608. The administrative dissolution of a limited liability company does not terminate the authority of its registered agent.
(4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five ycara after the effective date of dissolution. The application must:
(A) Recite the name of the limited liability company and the effective date of its administrative dissolution;
(B) State that the ground or grounds for dissolution either did not exist or have been eliminated;
(C) State that the limited liability company's name satisfies the requirements of Code Section 14-11-207;
(D) Contain a statement by the limited liability company reciting that all taxes owed by the limited liability company have been paid; and
(E) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods.
If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred.
(5) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, he or she shall serve the limited liability company with a written notice that explains the reason or reasons for denial. The limited liability company may appeal the denial of reinstatement to the superior court of the county where the limited liability company's registered office is or was located within 30 days after service of the notice of denial is perfected. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State's certificate of dissolution, the limited liability company's application for reinstatement, and the Secretary of State's notice of denial. The court's final decision may be appealed as in other civil proceedings."
SECTION 35.
Said title is further amended by striking in its entirety Code Section 14-11-610, relating to certificates of termination, and inserting in lieu thereof the following:

THURSDAY, MARCH 18, 1999

1975

"14-11-610.

A dissolved limited liability company may shall deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth:
(1) The name of the limited liability company;
(2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and
(3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action."
SECTION 36. Said title is further amended by striking in its entirety Code Section 14-11-1101, relating to filing fees and penalties, and inserting in lieu thereof the following:
"14-11-1101.

(a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter:

Document

Fee

(1) Articles of organization .................................................................................$ 75.00

(2) Articles of amendment..................................................................................... 20.00

(3) Articles of merger................................................................................. 360.00 20.00

(4) Certificate of election under Code Section 14-11-212 (together with articles of organization)........................................................................................................... 95.00

(5) Application for certificate of authority to transact business....................... 200.00

(6) Statement of commencement of winding up................................................. 20.00

(7) Certificate of termination................................................................................ 20.00

(8) Articles of correction........................................................................................ 20.00

(9) Application for reservation of a name........................................................... No fee

(10) Statement of change of registered office or registered agent...$5.00 per limited liability company (foreign or domestic), but not less than................................ 20.00

(11) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703........................ No fee

(12) Certificate of judicial dissolution.................................................................. No fee

(13) Annual registration (foreign or domestic)................................................... 25.00

1976

JOURNAL OF THE HOUSE

(14) Reinstatement fee .......................................................................................... 100.00

(15) Any other document required or permitted to be filed by this chapter.. 20.00

(b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711."

SECTION 37. All laws and parts of laws in conflict with this Act are repealed.

Representative Reichert of the 126th moved that the House agree to the Senate substitute to HB 224.

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
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 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 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
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 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 E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
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 Y Randall E 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
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 motion, the ayes were 165, nays 0.
The motion prevailed. 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.
The following Senate substitute was read:

THURSDAY, MARCH 18, 1999

1977

A BILL

To amend an Act 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 undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000, 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 $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........................................................$ 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 ..................................................................$

31,091,179 16,043,850 4,005,281 2,581,216
109,500 7,000 0
542,140 2,005,000
980,000 5,000
665,000 440,036
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

1978

JOURNAL OF THE HOUSE

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, 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.

THURSDAY, MARCH 18, 1999

1979

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.................................................

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

7,466,962 9,707,048 40,782,565
38,538,679 1,374,764
897,312 5,863,270
206,755 5,150,000
3,030,749
300,510 113,318,614

Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services..................................................... Personal Services............................................................ Regular Operating Expenses......................................... Travel...............................................................................

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

110,631,010 14,570,051 92,685,255 3,042,892
1,733,421 41,000 500,000 745,995
113,318,614 110,631,010

State Funds

$

6,748,774

$

9,657,048

$

40,782,565

$

36,998,066

$

1,323,064

$

897,312

$

5,760,000

$

206,755

$

5,150,000

$

2,806,916

$

300,510

$ 110,631,010

40,020,426 61,023,843 12,251,749
504,767

1980

JOURNAL OF THE HOUSE

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 Support Services Materials Management Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

$ 14,677,214

$ 12,598,399

$ 22,103,917

$ 114,926,088

$

3,382,314

$

531,881

$

1,615,457

$

4,200,969

$ 174,036,239

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.................................

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
174,036,239 40,020,426
State Funds
3,321,269 3,925,181
0 27,527,357
522,500 531,881 262,697
3,929,541 40,020,426
0 20,366,954 14,498,193
42,000 200,000 118,000 325,000
15,071 269,416 480,000
0 0 0 0 36,314,634 0

THURSDAY, MARCH 18, 1999

1981

Departmental Functional Budgets

Total Funds

State Funds

Administration Facilities Program Operations Security Sales Van Pool Total

$

11,803,279

$

1,405,976

$

11,860,305

$

6,481,105

$

4,380,821

$

383,148

$

36,314,634

Section 5. Department of Agriculture.
A. Budget Unit: Department of Agriculture.. .............................................................$
Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Market Bulletin Postage...............................................................$ Payments to Athens and Tifton Veterinary
Laboratories.. ..............................................................................$ Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe.....................................$ Veterinary Fees..............................................................................$ Indemnities ....................................................................................$ Advertising Contract.....................................................................$ Payments to Georgia Agrirama Development Authority for Operations...........................................................$ Payments to Georgia Development Authority............................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.......................................................................................$ Capital Outlay...............................................................................$ Contract - Federation of Southern Cooperatives ...............................................................................$ Boll Weevil Eradication Program ................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

38,934,756 32,924,013 4,270,108
1,060,000 352,000 430,673 667,341 814,475 412,585
1,161,341 983,240
3,157,000
3,069,923 275,000 35,000 175,000
721,290 0
150,000 0
40,000 0
50,698,989 38,934,756

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology

8,691,858 16,166,800 5,948,879 7,399,320 3,667,227 8,128,734
696,171

7,910,858 13,034,665 2,273,879 7,212,320 3,537,527 4,884,514
80,993

1982

JOURNAL OF THE HOUSE

Total

$

50,698,989

B. Budget Unit: Georgia Agrirama Development

Authority....................................................

Personal Services....................................................................

Regular Operating Expenses.................................................

Travel.......................................................................................

Motor Vehicle Purchases........................................................

Equipment...............................................................................

Computer Charges..................................................................

Real Estate Rentals ...............................................................

Telecommunications ...............................................................

Per Diem, Fees and Contracts..............................................

Capital Outlay........................................................................

Goods for Resale.....................................................................

Total Funds Budgeted............................................................

State Funds Budgeted...........................................................

Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance................................................................... Personal Services.................................................................... Regular Operating Expenses................................................. Travel....................................................................................... Motor Vehicle Purchases........................................................ Equipment............................................................................... Computer Charges.................................................................. Real Estate Rentals ............................................................... Telecommunications ............................................................... Per Diem, Fees and Contracts.............................................. Total Funds Budgeted............................................................ State Funds Budgeted...........................................................

Section 7. Department of Community Affairs. Budget Unit: Department of Community Affairs..................................................................... Personal Services.................................................................... Regular Operating Expenses................................................. Travel....................................................................................... Motor Vehicle Purchases........................................................ Equipment............................................................................... Real Estate Rentals ............................................................... Per Diem, Fees and Contracts.............................................. Computer Charges.................................................................. Telecommunications ............................................................... 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.......................................................

38,934,756
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
44,517,852 19,345,106 2,505,576
520,883 0
384,214 1,451,218 1,126,060
703,735 517,228
0
1,861,948 16,481,672
133,355
30,000,000
2,409,660 5,000,000 2,717,047
0 617,500

THURSDAY, MARCH 18, 1999

1983

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

0 3,281,250
891,864
4,963,750
0 189,073
0 1,128,125 1,250,000 50,000,000 147,479,264 44,517,852

Departmental Functional Budgets

Total Funds

State Funds

Executive Division Planning and Management Divi-
sion 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

17,569,042
3,722,651
38,740,982 7,604,642
5,182,559 55,269,254
2,979,633
1,870,663 10,638,929 3,900,909 $ 147,479,264

$

17,204,183

$

3,486,239

$

7,212,436

$

2,717,047

$

3,826,176

$

0

$

1,713,611

$

916,894

$

3,670,643

$

3,770,623

$

44,517,852

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

821,811,563 533,226,727 67,134,602
2,708,112 1,924,730 4,115,691 5,662,854 6,440,280 6,981,150 63,608,015
0 23,740,732
1,300,000 28,980,363
5,550,695 0
1,093,624 3,882,700

1984

JOURNAL OF THE HOUSE

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

$

45,983,131

$

13,103,080

$

8,289,857

$

65,603,759

$ 711,334,540

$ 844,314,367

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.......................

1,556,055 577,160
1,527,120 82,911,892
66,621
431,244 894,000 844,314,367 450,000
0 821,811,563

State Funds

$ 45,476,131

$ 12,803,080

$

8,289,857

$ 65,123,759

$ 690,118,736

$ 821,811,563

47,283,127 37,000,849
1,707,692 565,000 272,500 194,425 591,200
3,038,958 965,000
2,062,003 860,500 25,000
47,283,127 47,283,127

5,907,952 11,678,664 10,658,014
42,375 0
22,000 68,625 24,400 69,973 584,768
0 23,148,819 5,907,952

THURSDAY, MARCH 18, 1999

1985

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
15,071,697 23,148,819

1,760,838 832,997
3,314,117 5,907,952

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 ......................................................................$ Staff Development and Professional
Development...............................................................................$ Media..............................................................................................$ Indirect Cost ..................................................................................$ Pupil Transportation.....................................................................$ Local Fair Share............................................................................$ Mid-Term Adjustment Reserve ....................................................$ Teacher Salary Schedule Adjustment .........................................$ Other Categorical Grants: Equalization Formula....................................................................$ Sparsity Grants .............................................................................$ In School Suspension....................................................................$ Special Instructional Assistance..................................................$ Middle School Incentive................................................................$ Special Education Low - Incidence Grants.................................$ Limited English-Speaking Students Program............................$ Non-QBE Grants: Education of Children of Low-Income Families .........................$ Retirement (H.B. 272 and H.B. 1321).........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped .............................................$ Severely Emotionally Disturbed ..................................................$ School Lunch (Federal) .................................................................$

4,870,941,061
38,381,722 5,266,124 1,174,447 25,000 136,347 8,638,987 1,180,937 2,164,455 60,746,064 793,952 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
36,219,560 130,542,641 790,747,808 147,308,728 (869,897,158)
0 0
246,132,702 3,158,000 25,759,565
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

1986

JOURNAL OF THE HOUSE

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

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 4,340,000 1,689,931 24,105,037
267,333 100,000 8,000,000 500,000 1,189,604 15,401,836 274,395 5,548,262,474
0 4,870,941,061

Departmental Functional Budgets

Total Funds

State Funds

State Administration Student Learning and Assessment Governor's Honors Program Quality and School Support Federal Programs

11,789,066 49,983,882
1,312,957 8,245,618 7,398,063

9,794,183 44,129,349
1,235,368 5,957,056
417,491

THURSDAY, MARCH 18, 1999

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

19,746,628 0
5,430,104,439 5,883,116 5,003,883 6,174,413 2,620,409
$ 5,548,262,474

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...........................................................................$ Technology Specialist....................................................................$ 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 ...............................................................................$

1987
18,350,534 0
4,774,495,173 5,472,429 4,764,356 5,693,671 631,451
4,870,941,061
266,120,328 217,584,428
2,051,953 5,148,630
0 0 0 858,000 936,000 0 0 4,500,000 0 2,500,000 32,541,317 266,120,328 266,120,328
0 2,544,600
235,100 22,000
0 1,450 556,432 327,900 44,001 1,458,150
0 5,189,633
0
35,389,575 29,302,392 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

1988

JOURNAL OF THE HOUSE

Total Funds Budgeted...................................................................$ State Funds Budgeted..................................................................$

40,635,830 35,389,575

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration
and Support Total

$

1,998,211

$

34,372,210

$

4,265,409

$

40,635,830

$

0

$

31,292,321

$

4,097,254

$

35,389,575

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

58,907,764 42,883,723 6,178,956
433,879 322,360 3,271,595 677,600 380,645 1,021,479 3,313,860 423,667
0 58,907,764 58,907,764

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

4,707,622

$

24,893,341

$

9,909,646

$

19,397,155

$

58,907,764

$

4,707,622

$

24,893,341

$

9,909,646

$

19,397,155

$

58,907,764

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

33,692,806 17,370,945
1,082,043 271,569 30,000 89,109 461,884
1,164,007 500,904
5,931,012 3,804,630
40,000 3,000,000
148,913 4,000,000
274,194

THURSDAY, MARCH 18, 1999

1989

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

225,000
0 250,000 2,183,750 100,000 684,400 1,085,000
0 57,000
0 0 42,754,360 33,692,806

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 Services Total

6,993,543 1,081,392 9,905,986 5,363,589
3,842,308
397,780
1,688,327
3,046,231 310,526
4,637,983
5,486,695
0 42,754,360

$

6,993,543

$

778,421

$

9,905,986

$

4,695,744

$

3,644,308

$

397,780

$

253,891

$

581,868

$

310,526

$

4,637,983

$

1,492,756

$

0

$ 33,692,806

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...................

1,212,107,077
76,494,634 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 57,838,854
123,714 835,252 24,891,771

1990

JOURNAL OF THE HOUSE

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

$

1,082,613

$

3,993,392

$

8,103,846

$

8,481,775

$ 47,486,389

$

1,286,997

$

128,654

$ 84,601,203

$

5,583,274

$

618,322

$

3,338,501

$

11,174,356

$

6,509,167

$

6,573,202

$

1,944,641

$

6,893,821

$

10,332,824

$

0

$

1,309,326

$

72,882,542

$

1,697,137

$

1,599,720

$ 285,621,702

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..........................

0 0 285,621,702 3,982,840
163,688,510

State Funds

$

1,082,613

$

3,993,392

$

5,752,302

$

8,106,775

$

34,335,726

$

1,286,997

$

128,654

$

47,519,732

$

4,333,778

$

608,322

$

3,311,932

$

5,516,440

$

2,358,512

$

5,471,207

$

1,944,641

$

6,891,355

$

782,820

$ (15,163,967)

$

1,309,326

$

42,471,652

$

1,597,137

$

49,164

$ 163,688,510

48,943,953 75,185,904
845,166 0
195,367 1,322,100 5,147,854
12,050 988,294 334,732 17,780,389 137,352,433
0 190,382 4,222,222 292,520,846 324,160 155,930,432

THURSDAY, MARCH 18, 1999

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

$

12,654,754

$

1,425,002

$

1,544,023

$

2,116,458

$

4,712,984

$

4,388,198

$

3,146,446

$

10,962,598

$

83,949,776

$ 67,740,052

$

13,265,537

$

3,395,324

$

2,554,273

$

1,909,401

$

1,594,604

$

5,773,298

$

831,569

$

912,501

$

1,580,778

$

221,683

$

151,788

$

4,306,752

$

2,002,465

$

447,117

$

1,984,036

$

550,890

$

1,992,611

$

6,864,504

$

180,323

$

12,020,714

$

10,478,458

$

13,285,075

$

161,376

$

13,415,478

$

0

$ 292,520,846

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.....................

1991
State Funds
12,527,819 1,146,899 1,218,848
1,003,846 3,946,165
4,388,198 1,068,137 5,874,143
0 66,773,022
6,579,711 2,044,611 2,446,011 1,334,661
0 4,263,094
643,118 660,796 463,835 221,683 151,788 4,306,752 1,727,240 304,479 1,726,751 550,890 1,480,738 6,594,504 180,323 7,537,946 2,351,130 2,934,063 143,879 11,060,251
(1,724,899) 155,930,432
81,313,139 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

1992

JOURNAL OP THE HOUSE

Purchase of Services Contracts............ Major Maintenance and Construction. Utilities...................................................
Total Funds Budgeted.................... Indirect DOAS Services Funding.. State Funds Budgeted...................

11,883,883 255,000 859,650 649,007
160,471,109 100,000
23,941,627

Departmental Functional Budgets

Total Funds

State Funds

Vocational Rehabilitation Services Independent Living Employability Services Community Facilities Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs
Institute Total

59,979,337 768,949 511,903
10,471,695 1,654,280
744,540 46,300,763 11,950,087
28,089,555 160,471,109

$

12,953,023

$

333,969

$

511,903

$

2,851,205

$

578,214

$

744,540

$

0

$

620,087

$

5,348,686

$

23,941,627

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

21,295,564 4,201,014
802,623
0 443,950 3,695,697 27,108,035
0 1,096,679 4,244,546 223,678,326 7,087,433 290,347,139 36,016,860 2,037,559 350,030,167 972,085,592
0 356,330,770

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

559,813 3,903,003 2,797,983 4,268,011 11,691,238 1,385,470 2,472,657 5,038,567

$

559,813

$

3,390,962

$

2,518,680

$

4,268,011

$

1,410,865

$

1,385,470

$

1,466,866

$

3,142,457

THURSDAY, MARCH 18, 1999

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

$

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

$

37,192,062

$

16,053,415

$

6,646,142

$

20,580,529

$

10,044,785

$ 173,820,622

$

3,911,923

$

4,244,546

$

0

$ 972,085,592

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

36,347,357 15,860,657
27,310,352
41,527,859 118,240,474
17,390,741

1993
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 24,322,075 11,680,907 5,798,815 14,684,273 8,218,081 53,986,937 3,871,923 4,244,546 (9,538,848) 356,330,770

286,584,374 52,657,744 200,000 10,063,915 1,962,161 353,512,368 704,980,562 1,313,100 512,215,738

State Funds

$

21,556,645

$

13,972,265

$

18,075,566

$ 34,105,320 $ 74,904,490

$ 16,474,512

1994

JOURNAL OF THE HOUSE

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

52,012,979 19,800,645 3,912,528 1,114,714
556,807
175,915,767
99,278,005
80,933,331 9,686,653 5,091,693 704,980,562

Budget Unit Object Classes:

Personal Services.................................................................................$ Regular Operating Expenses..............................................................$ Travel....... .............................................................................................$ Motor Vehicle Purchases.....,...............................................................$ Equipment.. ..........................................................................................$ Real Estate Rentals ............................................................................$ Per Diem, Fees and Contracts...........................................................$ Computer Charges...............................................................................$ Telecommunications ............................................................................$ Operating Expenses ............................................................................$ Community Services............................................................................$ Case Services .......................................................................................$ Children's Trust Fund ........................................................................$ Cash Benefits.......................................................................................$ Special Purpose Contracts......................,...........................................$ Service Benefits for Children.............................................................$ Purchase of Service Contracts ...........................................................$ Grant-In-Aid to Counties....................................................................$ Major Maintenance and Construction...............................................$ Utilities.................................................................................................$ Postage..................................................................................................$ Payments to DMA-Community Care.................................................$ Grants to County DFACS - Operations ............................................$ Medical Benefits..................................................................................$

Section 16. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism .........................................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals .........................,............................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Local Welcome Center Contracts.................................................$

24,107,354 17,645,571 2,993,874
978,198
0
169,984,636
68,105,526
38,384,094 6,616,594 4,311,093
512,215,738
514,631,664 94,014,239
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 4,244,546 223,678,326 8,157,410 337,833,528 123,519,986 137,352,433 2,340,875 10,923,565 3,712,200 24,891,771 350,030,167 4,222,222
25,333,904 11,297,647 1,442,492
552,389 45,000 93,724 407,136 844,245 419,215 1,691,887 255,600

THURSDAY, MARCH 18, 1999

1995

Marketing....................................................................................... $ Georgia Ports Authority Lease Rentals ......................................$ Foreign Currency Reserve ............................................................$ Waterway Development in Georgia.............................................! Lanier Regional Watershed Commission....................................$ Total Funds Budgeted.................................................. .................$ State Funds Budgeted ..................................................................$

8,234,569 0 0
50,000 0
25,333,904 25,333,904

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

8,882,335
6,204,582 1,806,092 4,745,655
945,369
2,749,871 25,333,904

8,882,335 6,204,582 1,806,092 4,745,655
945,369
2,749,871 25,333,904

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..........................

15,004,521 13,895,815
683,241 371,713
95,000 34,275 146,378 784,991 317,912 144,658
0 16,473,983 15,004,521

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
559,488
5,019,382 735,237
16,473,983

4,583,739 5,576,137
559,488
3,549,920 735,237
15,004,521

Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice ............................................... Personal Services............................................... Regular Operating Expenses............................ Travel.................................................................. Motor Vehicle Purchases................................... Equipment.......................................................... Computer Charges.............................................

239,912,345 139,206,962
14,543,151 1,346,330
291,576 512,674 2,565,688

1996

JOURNAL OF THE HOUSE

Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts......................... Utilities............................................................... Institutional Repairs and Maintenance.......... Grants to County-Owned Detention Centers. Service Benefits for Children........................... Purchase of Service Contracts ......................... Capital Outlay................................................... 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 Office of Training Total

51,434,869 18,484,459 11,462,808 6,913,839 7,807,985 16,656,708 29,246,097 11,913,992 23,696,548
521,190 1,126,137 26,356,599

0 2,463,303
556,495 4,044,715

32,243,570

I

1,538,348

246,467,662

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...........................

1,983,856 1,951,488 19,483,449 3,678,520
652,485 0
25,510,225 34,741,258
0 0 246,467,662 239,912,345
State Funds
49,827,791 17,802,697 10,956,378 6,663,855 7,487,613 15,988,618 28,415,922 11,553,992 23,434,053
521,190 1,126,137 25,398,266
0 2,463,303
556,495 3,954,715
32,222,972 1,538,348
239,912,345
11,841,579 79,189,194 6,580,372
1,419,181 0
413,385 2,179,103 1,920,544 1,759,042 54,500,000 5,397,607
0 1,287,478
0 154,645,906 11,841,579

THURSDAY, MARCH 18, 1999

1997

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

14,100,119 13,396,530
717,235 199,322 21,000 17,350 305,201 826,548 162,924 16,160,000 147,000 31,953,110 14,100,119

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..................................................................!

1,210,721,157 20,492,880 5,761,605 323,200 0 59,000 40,793,240 922,375 609,000 116,760,320
3,211,996,582 1,097,500
3,398,815,702 1,210,721,157

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

! 3,211,996,582

! 47,273,828

!

6,443,759

!

3,365,003

$

3,658,981

!

7,514,034

!

7,509,086

$

57,147,028

! 52,063,926

$ 3,398,815,702

!

848,751

! 1,158,246,110

!

14,443,209

!

2,423,267

!

1,505,388

$

1,776,356

!

2,625,243

!

2,996,018

!

23,225,865

!

2,630,950

! 1,210,721,157

B. Budget Unit: Indigent Trust Fund .............................................$ Per Diem, Fees and Contracts.....................................................! Benefits...........................................................................................! Total Funds Budgeted...................................................................! State Funds-ITF Budgeted...........................................................! State Funds-General Funds Budgeted........................................!

148,828,880 8,400,000
360,067,504 368,467,504 148,828,880
200,000

1998

JOURNAL OF THE HOUSE

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 ................................................................$ State Funds Budgeted ..................................................................$

0 9,339,371 1,871,612
101,147 31,000 903,086 301,559,026 3,411,485 357,867 974,927,057 1,292,501,651
0 3,639,025 10,187,427 1,278,326,826
348,373 0

Departmental Functional Budgets

Total Funds

State Funds

Executive Office

$

1,686,254

$

0

Human Resource Administration

$

4,595,126

$

0

Employee Benefits

$ 1,281,317,736

$

0

Internal Administration

$

4,902,535

$

0

Children's Health

Insurance Program

$

0

$

0

Total

$ 1,292,501,651

$

0

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.................................................................$ Personal Services...........................................................................$ Regular Operating Expenses...........................,............................$ Travel.... ...........................................,..............................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts .....................................................$

102,099,564 77,964,823 14,180,653
670,557 1,683,825 2,231,981 2,477,014 7,332,858

THURSDAY, MARCH 18, 1999

1999

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

774,458 1,318,709
0 675,000 1,285,056
1,470,176 2,875,500
243,750
722,330 350,000
1,300,000 74,250 0 500,000
800,000 491,000
0 0
0 0
170,047 207,098
300,000
0 143,000 7,595,077 6,132,574
2,060,268 100,000
1,000,000 137,130,004
892,085
0
2,663,931
1,432,064 200,000
102,099,564

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Program Support Historic Preservation

4,664,512

$

5,327,568

2,894,253

$

4,649,512

$

5,327,568

$

2,404,253

2000

JOURNAL OF THE HOUSE

Parks, Recreation and Historic Sites
Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention
Assistance Total

38,142,741 2,381,129
37,310,690 45,485,030
924,081 137,130,004

18,873,993 2,256,411 31,963,899 35,699,847
924,081 102,099,564

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: 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 ..................................................................$

103,366,026
60,938,317 7,166,357
104,095 4,311,500
825,190 3,156,710
28,962 2,697,801 1,132,000
145,100 0 0
80,506,032 1,650,000 78,856,032

2. Driver Services Budget: Personal Services...........................................................................! Regular Operating Expenses........................................................! Travel..............................................................................................! Motor Vehicle Purchases...............................................................! Equipment......................................................................................!

19,811,250 1,112,113
61,941 0
62,343

THURSDAY, MARCH 18, 1999

2001

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

0 47,262 273,300 69,000
0 303,651
34,900 2,734,234 24,509,994
0 24,509,994

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

22,340,771 24,509,994 58,165,261 105,016,026

$

20,840,771

$

24,509,994

$

58,015,261

$ 103,366,026

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............................................

14,365,589
8,361,713 2,567,153
83,389 80,541 172,746 158,185 160,247 266,073 413,531 2,425,200 3,608,582
0 18,297,360 14,365,589

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

3,152,496
1,558,311 1,164,367 1,141,090
453,169
10,827,927 18,297,360

$

370,725

$

1,558,311

$

1,074,367

$

1,031,090

$

453,169

$

9,877,927

$

14,365,589

Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ....................................................

18,602,000

2002

JOURNAL OF THE HOUSE

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

$

2,745,090

$

4,070,725

$

4,819,601

$

11,635,416

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:

575,000 18,027,000 18,602,000 18,602,000
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
State Funds
2,745,090 1,503,561 4,546,290 8,794,941
1,369,206,131
1,480,762,132 215,731,047
370,615,532 637,169,805
45,148,762 1,018,773 359,498 950,177 4,535,000 25,000
2,756,315,726 103,648,940 852,900,852 427,520,303 3,039,500
1,369,206,131
195,777,704
292,160,514 116,575,795

THURSDAY, MARCH 18, 1999

Educ., Gen., and Dept. Svcs.......................... Sponsored Operations.................................... Fire Ant and Environmental Toxicology
Research....................................................... Agricultural Research.................................... Advanced Technology Development Center
Economic Development Institute .............. Seed Capital Fund - ATDC........................... 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...................................

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

2,365,080
5,135,006 1,792,092 109,812,165
20,333,820 70,558,220 56,819,729
345,620,479
3,162,737

2003
130,778,932 68,133,453
0 2,621,956
17,833,820 2,500,000
4,347,200 1,950,313
175,000
7,885,000
7,394,890 300,000
4,563,570 5,267,875 1,513,572
600,000 0
1,387,150
179,214
15,810,543 474,240 30,000 600,000
683,083,037 3,576,811
195,411,819 287,773,203
543,500 195,777,704
State Funds
1,511,730
1,654,549 1,026,899 9,255,726
10,888,996 42,855,240 34,568,851
35,036,355
3,162,737

2004

JOURNAL OF THE HOUSE

Veterinary Medicine Teaching Hospital
Georgia Board for Physician Workforce
Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Total

5,216,774
27,218,904 3,530,821
3,379,641 28,137,569 683,083,037

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 ............................................................. Georgia Public Telecommunications Commission.. Internet Connection Initiative ................................. Special Funding Initiatives ...................................... 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.................................. Property Tax Relief ................................................... Total Funds Budgeted............................................... Indirect DOAS Services Funding............................. State Funds Budgeted ..............................................

Departmental Functional Budgets

Total Funds

Departmental Administration Internal Administration Information Systems

20,908,493 5,320,681 9,033,455

541,326
27,218,904 0
25,671 28,030,720 195,777,704
0 10,417,545 8,776,118 3,889,958 4,245,822 27,329,443 27,329,443
0
25,966,000
15,000,000 2,000,000 1,500,000 7,466,000
25^966^000
180,895,915 64,007,979 5,206,173
1,137,518 194,405 313,114
11,211,564 2,914,564 2,872,830 1,201,600 3,422,795
0 2,404,350 3,484,810 4,902,668 83,000,000 186,274,370 3,845,000 180,895,915

State Funds

$

20,908,493

$

5,170,681

$

8,018,255

THURSDAY, MARCH 18, 1999

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

17,303,954 8,583,283 17,486,445 8,430,915 87,665,577 4,472,699
20,000 4,469,245 2,579,623 186,274,370

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

4,566,370

$

5,082,362

if

2,559,231

if

2,025,598

if

4,500,475

if

1,290,941

if

342,913

$

10,294,498

$

242,982

$

30,905,370

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............................

2005
17,163,954 8,283,283 16,186,445 8,430,915 85,932,122 4,372,699
20,000 3,829,445 2,579,623 180,895,915
29,860,370 18,643,449 3,142,089
235,650 124,720 132,876 3,002,695 2,549,846 805,637 1,627,508 640,900
30,905,370
29,860,370

State Funds

"$

4,536,370

$

5,007,362

$

1,839,231

$

1,975,598

$

4,480,475

$

1,290,941

$

342,913

$

10,144,498

$

242,982

$

29,860,370

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

2006

JOURNAL OF THE HOUSE

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...v .................................................................................$ 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..................................................................$

33,014,183 521,084 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 25,735,636
0 81,700 320,625 65,075
95,000
867,950 0
513,712 33,014,183 33,014,183

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

32,290,153
724,030 33,014,183

32,290,153
724,030 33,014,183

THURSDAY, MARCH 18, 1999
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 .................................................................$ H.B.203 - Teachers' Accrued Sick Leave ..................................................................................$ 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.....................................................................!

2007
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
9,644,063 6,327,632
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
248,745,080 7,233,589 598,890 177,380 0 184,271 784,529 450,787 1,009,682 146,786 15,721,448 5,110,848 1,104,526 8,025,736 330,000
189,752,796 59,215,551 6,038,432 19,094,615 3,497,042 8,524,497

2008

JOURNAL OF THE HOUSE

Total Funds Budgeted.. State Funds Budgeted.

Departmental Functional Budgets

Total Funds

Administration Institutional
Programs Total

$

10,585,914

$ 316,415,491 $ 327,001,405

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.................................

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 OperationsContracts with the Georgia Rail 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

327,001,405 248,745,080

State Funds

$

7,502,264

$ 241,242,816 $ 248,745,080

19,838,183

0 450,000

0 19,388,183

19,838,183 19,838,183

575,340,175 265,823,678 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 67,848,518 1,003,402,456 3,241,866 7,993,283
710,855
337,838 1,443,647,120
575,340,175

State Funds

$ 290,928,991

$ 223,927,654

$

17,299,379

$

33,843,976

$ 566,000,000

THURSDAY, MARCH 18, 1999

2009

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 13,855,699
710,855 17,555,878

25,000 0
2,486,213 6,118,107
710,855 9,340,175

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

19,996,798 5,016,923
279,436 92,245 0 163,057 9,780 269,784 82,020
14,389,340
7,741,329
692,500 28,736,414 19,996,798

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Nursing
Home-Augusta Total

$

20,361,842

$

8,044,329

$

28,406,171

14,883,773 5,113,025

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...................................

11,497,631 9,285,845
428,815 126,600
0 6,189 347,057 1,189,575 205,048 98,502
0 11,687,631 11,497,631

2010

JOURNAL OF THE HOUSE

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) ...................................................$
$

440,043,915 35,000,000
475,043,915

B. Budget Unit: State of Georgia General

Obligation Debt Sinking Fund

State General Funds (New) .........................................................$

0

Motor Fuel Tax Funds (New).......................................................$

0

$

0

Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the 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 Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 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 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-let.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.

THURSDAY, MARCH 18, 1999

2011

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 emer-
gency-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 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
City of Lilburn

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 in Augusta/Richmond County
Improvement funds for city park in Riverdale
$5,000 each to West Clayton Elementary, E.W. Oliver Elementary, Northcutt Elementary, Church St. Elementary, and Riverdale Elementary for playground equipment; $10,000 for North Clayton High (band uniforms); $10,000 each for operating expenses of Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School
Renovation and equipment Greater Gwinnett Athletic Association Lions Club Park in Lilburn

25,000 i 20,000
37,000
$ 30,000 $ 65,000 $ 50,000 $ 10,000
75,000 15,000

2012

JOURNAL OF THE HOUSE

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
Lowndes County
City of Columbus
City of Columbus

Purchase equipment for Berkmar Diamond Booster Club at Berkmar High School in Gwinnett County
Upgrade softball field in Cobbtown Glennville Recreation Department -
upgrade fences for three fields and building storage for equipment/ supplies Purchase band uniforms and instruments in Tattnall County Schools 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 Purchase 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 County Operation of Boys and Girls Clubs in Jones County Equip and repair fire truck in Toomsboro 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 tennis courts at Lowndes County High School Pave drive and parking area of Boys and Girls Club of Valdosta in Lowndes County 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

$ 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
$ 10,000 $ 100,000
$ 25,000

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 Putnam County
Greene County
Chatham County

THURSDAY, MARCH 18, 1999
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 Autry 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 School in Henry County Purchase/install lighting system for women's softball field at Henry County High School 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 Purchase/install 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 Center Complex in Chatham County

2013

$ 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

$ 25,000

$

2,500

$ 100,000

2014
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 Columbus
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
Ware County Board of Education
Clayton County

JOURNAL OF THE HOUSE
Replacement or renovation of police department building in Adairsville
Purchase water pump for water system in Cave Spring
Purchase band uniforms for Pepperell High School in Floyd County
Construct a community center for Taylor Park in Duluth
Operating funds for Bleckley Fire Department
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 Repair 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 Columbus Operation of Historic Lucas Theater
in Chatham County Tybee Island Lighthouse restoration Operating funds for Atlanta Fulton
Action Agency Fleming Volunteer Fire Department
equipment purchase in Liberty County Purchase equipment for Walthourville
Fire Department 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 Purchase equipment for Ware County ROTC Forest Park Athletic Complex-remodel concession stand and purchase equipment in Clayton County

$ 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
$ 25,000

$ 25,000

THURSDAY, MARCH 18, 1999

Dougherty County
Dougherty County Dougherty County Miller County City of Manchester Meriwether County
Board of Education Cobb County
City of Albany 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 Quitman County Board
of Education

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 in Dougherty County
Construct fire station #4 in Miller County
Purchase/install street lights for community building in Manchester
Operating funds for the recreation facility at Greenville High School in Meriwether County
Purchase/install lights for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County
Lights for 8th Avenue ball field in Albany
Restoration and repairs to WilliamsPayne 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 senior citizen 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
Operating expenses for EMS/ambulance services in Clay County
Renovation of building for pre-K and headstart programs in Quitman County

2015

$ 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

$ 10,000

2016
Quitman County
City of Dalton Lee County
Webster County Marion County Board
of Education Calhoun County Board
of Education City of Dawson Terrell County Columbia County
Board of Education Columbia County
Board of Education Columbia County
Board of Education Columbia County
Columbia County
Columbia County Board of Education
DeKalb County Athens/Clarke County
Athens/Clarke County Athens/Clarke County Clarke County City of East Point
DeKalb County
DeKalb County
Douglas County Douglas County Board
of Education

JOURNAL OF THE HOUSE
Renovation of doctor's office at the Stewart/Webster Rural Clinic in Quitman County
Operation of Northwest Georgia Girl's Home in Dalton
Provide and improve lights at Lee County Pee Wee and Pony League Fields
Repair of courthouse in Webster County Construct track at football field for
Marion County Schools Resurface track at Calhoun County
High School Install central air and heating at
Carnegie Library in Dawson Repair to clock and steeple at
courthouse in Terrell County Renovation and improvements to
stadiums at Evans High School in Columbia County Improvements to girl's softball field at Evans High School in Columbia County Purchase of band uniforms for Lakeside High School in Columbia County Purchase of communications equipment for Columbia County Sheriffs Department Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County Playground improvements at South Columbia Elementary Repair and restoration of Dresden Park in DeKalb County Grand Slam project-provide recreational and educational activities in Athens/Clarke County Operation of Athens Tutorial Program Operation of Creative Visions Foundation in Athens/Clarke County Operation of Strong Day Recovery Residence in Clarke County Transportation for therapeutic recreation program participants in East Point Operation of Scottdale Child Development & Family Resources Center of Central DeKalb Clarkston Community Center Foundation for Old Clarkston High renovations in DeKalb County Purchase equipment for Lithia Springs Library in Douglas County Purchase equipment for Lithia Springs High School in Douglas County

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 5,000 10,000

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

THURSDAY, MARCH 18, 1999
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 for City of Warwick
Purchase fire station and equipment for City of 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
Purchase/install 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 Sparks Police
Department Purchase fire fighting equipment for
volunteer fire department in City of Enigma Operation of Augusta-Richmond County Fire Rescue Safety House Installation of a therapeutic whirlpool at Belle Terrace Swim Center-Augusta Recreation and Parks Department 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 in Ben Hill County Construct an American Legion Memorial in City of Fitzgerald Expansion of existing building to accommodate expansion of Pineview City Hall in Wilcox County

2017

$ 25,000

$

5,000

$ 50,000

$ 10,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 10,000

$ 15,000 $ 100,000

$ 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

2018
Irwin County 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

JOURNAL OF THE HOUSE
Repair and renovation work to Irwin County Courthouse
Repair and restoration of monument on courthouse square in Irwin County
Purchase of equipment for Irwin County High Marching Band
Construction of Wilcox County Little League ballpark
Purchase equipment for Wilcox County ROTC
Repair to Wilcox County auditorium Purchase metal building for Cedar
Creek Volunteer Fire Department 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
Department - 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 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 Operating expenses for the Savannah Midtown Community Center Procurement of Archive and Library for memorabilia of Ralph Mark Gilbert in Savannah Purchase playground equipment for Honey Park, River Drive Park and Nellie Johnson Park in Thunderbolt Purchase equipment for fire vehicles and volunteer firefighters in Thunderbolt Refurbish courthouse facade in Peach County

$ 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

$ 50,000

$ 10,000

$

5,000

$ 25,000

$ 10,000 $ 10,000 $ 10,000

$

5,000

$

5,000

$ 10,000 $ 25,000

City of Montezuma Franklin County
Stephens County
Stephens County Stephens County Banks County Barrow County Monroe County City of Monticello
Monroe County Lamar County
Monroe County Jasper County DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County DeKalb County
DeKalb County City of Sylvania Screven County City of Harrison Jefferson County Jefferson County Washington County Bibb County

THURSDAY, MARCH 18, 1999
Provide downtown parking spaces for City of Montezuma
Purchase equipment for Gumlog Volunteer Fire Department in Franklin County
Purchase equipment for Tates Creek VFD and renovate Carnes Creek VFD facilities in Stephens County
Purchase roof for Toccoa-Stephens County Historical Society
Purchase field fencing for Toccoa Little League in Stephens County
Micro-filming of records in Banks County
Operation of Peace Place Inc. Shelter for battered women in Barrow County
Construction of a multi-purpose field in Monroe County
Municipal park construction/ improvements at Funderburg Park in Monticello
Construction of bleachers for Monroe County Horse/Livestock Arena
Equipment and improvements for Redbone Volunteer Fire Department in Lamar County
Construction of dugouts at softball fields in Monroe County
Improvements to Rose Bowl Field for Jasper County
Beautification projects in DeKalb County
Beautification project at Glenhaven Elementary in DeKalb County
Operating expenses for Operation Dignity in DeKalb County schools
Operation of neighborhood after school programs in DeKalb County
Decatur Arts Academy - purchase of school supplies for Decatur Arts Academy
Purchase of equipment and supplies for DeKalb County Sheriff Reserve
Purchase playground equipment for City of Sylvania
Renovation of Screven County Agricultural Center
Completion of a park in City of Harrison
Purchase equipment for Jefferson County Sheriff Department
Completion of park project in Jefferson County
Refurbish T.J. Elder Community Center in Washington County
Provide funds for a feasibility study for a stadium in Bibb County

2019

$ 45,000

$ 10,000

$ 20,000

$

4,000

$ 10,000

$ 20,000

$ 15,000

$ 10,000

$ 15,000 $ 20,000

$

5,000

$ 25,000

$ 10,000

$ 10,000

$

5,000

$ 15,000

$ 15,000

$

2,000

$

2,000

$ 25,000

$ 50,000

$ 25,000

$ 20,000

$ 50,000

$ 25,000

$ 75,000

2020 Bibb County Bibb County Bibb County 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
Bulloch County
City of Portal Jenkins County Athens/Clarke County
Elbert County Elbert County Lincoln County Lincoln County
Wilkes County
DeKalb County

JOURNAL OF THE HOUSE
Operate the Adopt-a-Role Model in Bibb County
Operating funds for the Hay House in Bibb County
Operating funds for the Douglas Theater in Bibb County
Operating funds for the Harriette Tubman Museum in 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 School in DeKalb County
Operate the Soar to Success Reading Program at Flat Shoals Elementary School in DeKalb County
Purchase educational materials for Gresham Park Elementary after school and tutorials programs in DeKalb County
Repair of pre-Civil War cannon through the Marietta Museum of History
Operating funds for the Marietta Museum of History
Playground enhancements at five elementary schools in Marietta
Correction of water drainage problem at recreation complex in Millen
Purchase equipment and supplies for the communications center in Candler County
Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bulloch County
Purchase trash truck for City of Portal
Jenkins County Development Authorityrenovate train depot in Millen
Repairs to Rutland Psycho Educational Services Center in Athens/Clarke County
Elbert County Airport improvements Replace worn out band instruments -
Elbert County High School Purchase pagers and light turnout
gear for Lincoln County Rescue Purchase equipment for Midway
Volunteer Fire Department 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

$ 15,000 $ 30,000 $ 50,000 $ 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

DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County
DeKalb County Toombs County
City of Lyons
City of Mt. Vernon City of Vidalia
Wheeler County
City of Jesup City of Ludowici City of Odum City of Odum City of Screven 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

THURSDAY, MARCH 18, 1999
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 in DeKalb County
Operation of Columbia Community Connection's Father to Father Men's services program in DeKalb County
Operation of Georgia Strike Out Stroke Committee in DeKalb County
Construct restrooms for community center at Cedar Crossing Area in Toombs County
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 City of Screven 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 in Chatham County Operating funds for 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

2021

$ 25,000

$

6,000

$

8,000

$ 15,000

$

7,500

$

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

2022

JOURNAL OF THE HOUSE

City of Conyers
Fulton County
Fulton County
Baldwin County
Baldwin County
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

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 Fire Department
Operation of STAR program in Baldwin County Schools
Construct multi-purpose facility in Johnson County Schools
Repairs/renovation of Emanuel County Arts Council facility
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 in McCaysville
Renovate city park in McCaysville Grounds work at the Chief Van House
in Murray County Study downtown parking in McCaysville Furnish new City Hall in McCaysville Renovation of gym in Blakely Purchase equipment for volunteer
rescue squads 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

50,000
25,000 30,000 10,000 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

City of East Dublin Laurens County Board
of Education City of Bowersville Franklin County Hart County Board
of Education City of Canon 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

THURSDAY, MARCH 18, 1999
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 funds and equipment at City Community Center in Canon
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 in Effingham County
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, Effingham County
Purchase fire fighting equipment for Sand Hill Fire Department 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
Operating funds for Mid Georgia Council on Drugs in Bibb County
Operating funds for the Tubman Museum in Bibb County
Operating funds for Bibb County Teen Court
Purchase equipment and improvements for Byron City Park
Refurbish courthouse facade in Peach County
Operation of Crawford County Recycling Center
Purchase of new streetlights for downtown area in Ft. Valley

2023

$ 15,000 $ 10,000 $ 10,000 $ 15,000

$ 15,000

$ 15,000

$ 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

2024
Brooks County Echols County Chattooga County Chattooga County
Board of Eucation City of Macon 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

JOURNAL OF THE HOUSE
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
Purchase/construct a recreation/ sports facility in Macon
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 for Georgia Mountain RDC
Operation of Boys and Girls Clubs in Georgia 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 delivery service in Baconton
Operating funds and equipment for 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 Community Action Council
Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery
Construct an athletic facility for Campbell High School in Cobb County
Improvements and repairs to Epworth and Thalmann Parks in Glynn County
Renovate and purchase computer equipment for St. Simons Island Library in Glynn County

$ 10,000 $ 40,000 $ 10,000

$ 37,000 $ 45,000 $ 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

Colquitt County
City of Tifton
Tift County Board of Education
City of Plainville
City of Fargo
Clinch County
Clinch County
Lanier 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

THURSDAY, MARCH 18, 1999
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 re-roofing and renovation of school building in Fargo
Operation of Bridges of Hope in Clinch County
Renovate/install canopy at Clinch County Recreation park
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 Georgia Soccer Club in Coffee County
Purchase radio repeater and tower for Coffee County emergency management
Purchase equipment for West Green Community Center Fire Department in Coffee County

2025
10,000
20,000
10,000 10,000 20,000 10,000 5,000
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

2026
Coffee County Board of Education
Coffee County Board of Education
City of Douglas Fulton County DeKalb County
City of Americus Sumter County
City of Andersonville
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

JOURNAL OF THE HOUSE
Purchase lighting for Coffee High School practice field
Purchase Coffee County High School 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/install outfield fences
and related improvements at Little League field for Sumter County Board of Commissioners Repairs of Holloway Building in Andersonville 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 automated external defibrillators and an air respiration system for City of Barnesville Purchase investigative equipment for police department and recreation improvements on Locust Grove Renovate, enhance and equip City Park of Milner Lamar County Agricultural AuthorityConstruct 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

10,000 1,500 5,000 30,000
20,000 100,000
50,000 10,000 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

City of Alma
City of Folkston City of Hoboken
City of Homeland
City of Offerman
City of Patterson
Pierce County
Pierce County
Brantley County
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 Fort Oglethorpe
City of LaFayette
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Atlanta
City of Atlanta

THURSDAY, MARCH 18, 1999
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 Operating funds for Heritage Fund
to establish and promote historical sites in Patterson Operating funds for Pierce County Lee Street Resource Center Improvements to Lakeview Community Center in Pierce County Operating expenses for constituent services program in Brantley County 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 in Fort Oglethorpe Purchase police vehicle cameras for LaFayette Police Department Purchase educational materials and equipment for Gwinnett County Schools Playground repair, enhancement and equipment and math intervention program materials for Nesbitt Elementary School in Gwinnett County Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task Force Operate Paradise Baptist Church after school program in Atlanta

2027

$

5,000

$

2,500

$

5,000

$

2,500

$

5,000

$

5,000

$ 25,000

$ 25,000

$

5,000

$

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

2028
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
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

JOURNAL OF THE HOUSE
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 in Columbus/Muscogee County Operation of Summer tutorial program by Combined Communities of Southeast Columbus Operation of The Spencer House in Columbus/Muscogee County 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 Education Center Construct storm water flood protection at 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' Department 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

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 25,000

$ 45,000 $ 12,000

$ 38,000 $ 25,000 $ 15,000

$ 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

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
Rabun County
Rabun County
Rabun County
White County
Walton County Board of Education
City of Warner Robins
City of Warner Robins
City of Perry
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

THURSDAY, MARCH 18, 1999
Purchase/install heating and cooling unit for Commerce High School gym
Construction of the City of 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
Construct sewer extension in Mountain City
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 Recreation Department playground in Sautee Nachoochie Community
Purchase band uniforms for Loganville High School in Walton County
Operating expenses for the Museum of Aviation in Warner Robins
Operating funds for the Salvation Army Safehouse in Warner Robins
Operating funds for the Genesis House Homeless Center in Perry
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

2029

$ 20,000 $ 10,000 $ 10,000 $ 25,000
$ 25,000 $ 25,000 $ 40,000 $ 25,000 $ 35,000 $ 25,000 $ 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

2030
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
Cohb County
Cobb County Board of Education
Cobb County Board of Education
Gwinnett County Board of Education
City of St. George
Berrien County
Cook County Board of Education
City of Fargo
Berrien County Board of Education
Camden County
Dooly County
Wilcox County
City of Rochelle Athens/Clarke County
Oconee County Board of Education

JOURNAL OF THE HOUSE
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
Renovations 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.) in Cobb County
Foundation 2000 for Children improve educational facilities in Cobb County
Improve educational facilities for South Cobb High School Education Foundation
Construct a stadium facility at South Gwinnett High School
Purchase a fire brush truck for the City of St. George
Purchase computer system for the Berrien County Sheriff Department
Pave sidewalk at Cook County Middle School along Elm Street
Renovate Old Fargo Elementary School building
Purchase band instruments for Berrien County High School
Operation of Risk Watch Program at the Camden County Fire Rescue Unit
Purchase/install elevator at the Dooly County Courthouse
Purchase building for Cedar Creek Volunteer Fire Department in Wilcox County
Expand Rochelle City Hall Operation of the NE Georgia Food Bank
in Athens/Clarke County Operation of the Agriscience facility
at Oconee County High School

$

5,000

$ 15,000

$

5,000

$

5,000

$ 40,000

$ 10,000

$ 10,000

$

5,000

$ 15,000

$ 20,000

$ 25,000

$ 15,000 $ 75,000 $ 48,000 $ 25,000 $ 50,000 $ 100,000 $ 10,000 $ 90,528 $ 100,000

$

5,000

$

5,000

$ 25,000

$ 10,000

Bibb County Twiggs County Board
of Education City of Macon McDuffie County
Board of Education Lincoln County Columbia County
Board of Education McDuffie County
Board of Education Gwinnett County
Gwinnett County Board of Education
DeKalb County DeKalb County
DeKalb County DeKalb County Hall County Board
of Education Hall County Board
of Education
City of Augusta Richmond County Richmond County Richmond County
Board of Education Richmond County Warren County

THURSDAY, MARCH 18, 1999
Operation of the Lighthouse Mission in Bibb County
Connect Dry Branch Elementary School to the Macon Water Authority in Twiggs County
Operation of the Tubman Museum in Macon
Purchase equipment for new band facility for the Thomson High School Band
Purchase equipment for Lincoln County Office of Emergency Services
Operation of foreign language program in Columbia County schools
Purchase computer hardware, software and cable for the Thomson High School band room
Install lighting, renovate concessions and other improvements to the Lilburn/Greater Gwinnett Athletic Association/Lions Club Park
Improvements to fields and equipment at Berkmar High School in Gwinnett County
Operation of Positive Growth, Inc. in DeKalb County
Operation of Scottdale Community Planning Council Transitional Home for Women & Girls in DeKalb County
Operation of Scottdale Senior Citizen Center in DeKalb
Operation of South DeKalb Community Development Corporation
Improvements to athletic field at Johnson High School in Hall County
Construct an awning to bus loading area at Flowery Branch Elementary School in Hall County
Develop nature preserve programs at Elachee Nature Science Center
Construct fields and install additional lighting at Master City Little League
Purchase equipment/install lighting at West Augusta Little League
Purchase equipment for Richmond County Boxing Club
Operation of Hope House for Women in Richmond County
Purchase equipment for new facility at the Davidson School of Fine Arts in Richmond County
Operation of the Golden Harvest Food Bank
Purchase rescue equipment for Warren County

2031

$ 100,000

$ 100,000 $ 25,000

$ 10,000 $ 10,000 $ 50,000

$

6,500

$ 25,000
$ 50,000 $ 25,000

$ 75,000 $ 25,000 $ 10,000 $ 20,000
$ 10,000 $ 10,000
$ 15,000 $ 15,000 $ 15,000 $ 15,000
$ 50,000 $ 20,000 $ 12,300

2032
Glascock County City of Warrenton Henry County Rockdale County Butts County Newton County City of Euharlee City of Cartersville City of Dallas Paulding County
Board of Education City of Cedartown City of Aragon City of Rockmart City of Rockmart City of Atlanta
Board of Education Fulton County
Fulton County Fulton County
City of Soperton City of Metter Treutlen County Johnson County
Johnson County
Johnson County Board of Education
Lowndes County City of Remerton

JOURNAL OF THE HOUSE
Purchase a police car for the Glascock Sheriff Department
Restoration of historic gymnasium in City of Warrenton
Purchase cameras for the Henry County Police Department
Purchase equipment for the Rockdale County Fire Department
Purchase equipment for the Butts County Fire Department
Purchase cameras for the Newton County Sheriffs Department
Operation of recreation facility in the City of Euharlee
Operation of recreation facility in the City of Cartersville
Renovations to the Dallas Theater and Civic Complex
Operation of Paulding County Board of Education recreation facility
Operation of recreation facility in the City of Cedartown
Operation of recreation facility in the City of Aragon
Operation of recreation facility in the City of Rockmart
Operation of the Vine City Housing Ministry
Renovation of soccer fields at Inman Middle School in Atlanta
Renovation of recreation center at the Community Affairs Ministry in Fulton County
Operation of the Morehouse College Life and History of Black Georgians
Operation of the Outdoor Activity Center after school program in Fulton County
Operation of recreation facility in the City of Soperton
Purchase emergency generators for the City of Metter
Operation and repair of the Treutlen Welcome Center on 1-16
Repair pumper truck and equipment for the Scott Volunteer Fire Department in Johnson County
Purchase well, pump and equipment for the Buckeye Volunteer Fire Department in Johnson County
Construct multi-purpose facility for Johnson County schools
Construct a facility at Southside Community Center in Lowndes County
Renovation of downtown area in City of Remerton

$ 10,000 $ 10,000 $ 45,000 $ 30,000 $ 30,000 $ 30,000 $ 15,000 $ 25,000 $ 100,000 $ 25,000 $ 25,000 $ 10,000 $ 30,000 $ 50,000 $ 25,000
$ 50,000 $ 50,000
$ 50,000 $ 10,000 $ 15,000 $ 10,000
2,500
2,500
25,000
65,000
75,000

Thomas County Board of Education
City of Remerton
City of Boston
Columbus/Muscogee County
Muscogee County Muscogee County Chattahoochee Board
of Education Muscogee County City of Tyrone City of Tyrone
Douglas County Board of Education
City of Tyrone Douglas County Jenkins County City of Reidsville Tattnall County
Board of Education City of Springfield Jenkins County Tattnall County Tattnall County City of Dawson
Webster County Board of Education
Lee County

THURSDAY, MARCH 18, 1999
Replace carpet in Central High School Gym in Thomas County
Purchase police equipment for City of Remerton
Construct Tallokas Community Fire House in ?? County/City
Renovate library to be used as multi-purpose community center in Boston
Operation of Peabody Against Drugs
Operation of BTW Against Drugs
Operation of SW Muscogee Against Drugs
Operation of prison rehabilitation in Muscogee County
Operation of the "Winterfield on the Move" in Muscogee County
Purchase equipment and supplies for the Chattahoochee Board of Education
Operation of the "Veterans Life Action Center" in Muscogee
Construct a sidewalk/path in the City of Tyrone
Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone
Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County
Operation of the Tyrone Library Operation of Lithia Springs Library
in Douglas County Repairs to depot/museum chamber
office in Jenkins County Construct shelter for playground at
Reidsville Headstart Operation of the STARR Program in
Tattnall County Schools Match downtown improvement grants
in City of Springfield Construct addition to Agriculture
Center in Jenkins County Purchase echo-cardiogram unit for
Tattnall Memorial Hospital Operation of Tattnall Memorial
Hospital Renovation of downtown building by
Dawson Downtown Development Authority Infrastructure for computers and technical equipment for Webster County school buildings Install lighting at Lee County Dixie Youth Baseball fields

2033

15,000
20,000
12,000
20,000 5,000 5,000
20,000 20,000 25,000 50,000 25,000 40,000

40,000

25,000 20,000

25,000

5,000

$

5,000

10,000

5,000

$

5,000

$ 50,000

$ 100,000

$ 50,000

$ 15,000 $ 16,000

2034 City of Fort Valley
City of Byron Peach County Macon County Taylor County
Chattooga County
Walker County
White County
Northeast Georgia RDC
Rabun County Union County White County Board
of Education City of East Point City of Hapeville Fulton County Fulton County Fulton County Chatham County
Chatham County
Chatham County Chatham County Long County City of Brunswick City of Brunswick

JOURNAL OF THE HOUSE
Repair roof for theater project at the Fort Valley Downtown Development Authority
Develop downtown park in City of Byron
Develop countywide water/sewer system in Peach County
Increase seating capacity in Macon County school stadium
Purchase property for a parking lot in Taylor County
Operation of the Whitfield/Murray Historical Society
Improvements to the water line at Chattooga County Cloudland Water System
Construct a multi-purpose building at Walker County West Armuchee Community Center
Operation of the Northwest Georgia Girls Home
Renovations to a recreation facility at White County Recreation Department
Economic development along US 441 in the Northeast Georgia RDC region
Purchase equipment for Rabun County Volunteer Fire Department
Construct a recreation facility for Union County Parks and Recreation
Operation of Pioneer RESA in White County
Operation of project to identify behavorial problems in East Point
Renovations to Hapeville city pool Operation of the Promise Children's
Home, Inc. in Fulton County Operation of A.U.D.LE.N.C.E. in
Fulton County Operation of Kidsgym USA, Inc. in
Fulton County Repairs and improvements to the
Oglethorpe Academy in City of Savannah/Chatham County Operation of the Eighth Air Force Museum "Women in Aviation" Exhibit in Chatham County Operation of the Mighty Eighth Air Force Museum in Chatham County Purchase van for Frank Callen Boys & Girls Club in Chatham County Operating expenses for Long County Replace recreation equipment in Goodyear Park, City of Brunswick Replace recreation equipment in College Park, City of Brunswick

10,000 50,000 50,000 100,000 40,000 50,000
50,000
40,000 20,000
20,000 50,000 5,000 10,000 8,000 30,000 50,000 20,000 75,000 50,000
45,000
50,000 100,000 30,000 150,000 20,000 20,000

THURSDAY, MARCH 18, 1999

Bryan County Board of Education
Mclntosh County Liberty County Liberty County
Gwinnett County Board of Education
Cobb County Board of Education
Meriwether County City of Hogansville City of Manchester Heard County
City of Arcade Madison County Board
of Education Elbert County
Barrow County
City of Kingston City of Emerson City of Adairsville
Dougherty County Clay County Baker County Quitman County Board
of Education Randolph County

Replace stolen funds for Bryan High School Booster Club and Hendrix Park Expansion
Construct multi-purpose facility in Mclntosh County
Purchase medical supplies for Coastal Medical Clinic in Liberty County
Install water and restrooms at Seabrook Village Foundation in Liberty County
Travel expenses for Norcross High School Band in Gwinnett County
Construction of multi-purpose outdoor classroom at Pope High School in Cobb County
Construct solid waste compactor/ convenience center in Meriwether
Purchase/construct sanitary sewage pump station in Hogansville
Transfer/removal of overhead power lines in downtown Manchester County
Construct a solid waste convenience center in Heard County
Renovate Elberton Arts Theater Install water line in City of Arcade Construct multipurpose recreation
park for Madison County Board of Education Construct facilities at Williamn Recreation Park in Elbert County Construction on Carnesville recreational complex Renovate Peace Place, Inc., a battered women's shelter in Barrow County Repair roof for Georgia School for the Deaf Sewage project in City of Kingston Improvements to recreation facility in City of Emerson Purchase equipment for Polsom Fire Station in Adairsville Purchase equipment for Pine Log Volunteer Fire Department Operation of Camp Good Times Provide for a feasibility study for Dougherty County recreation facility Operation of the Clay County EMS/ ambulance services Provide funds for site preparation for Baker Elementary School Restoration to the Kaigler Training School Building in Georgetown for the Quitman Board of Education Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County

2035
$ 50,000 $ 35,000 $ 17,000
$ 20,000 $ 10,000
$ 50,000 $ 75,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000
$ 25,000 $ 50,000 $ 25,000 $ 10,000 $ 25,000 $ 31,000 $ 15,000 $ 25,000 $ 25,000 $ 25,000 $ 90,000 $ 20,000 $ 25,000
$ 55,000
$ 15,000

2036
Houston County Board of Education
Pulaski County
City of Warner Robins
City of Hawkinsville
City of Chamblee
City of Chamblee
Spalding County Board of Education
City of Moultrie
City of Whigham
City of Blakely
City of Donaldsville
City of Colquitt
Seminole County
Thomas County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Greene County
Baldwin County Board of Education
Baldwin County
City of Milledgeville
Putnam County
City of Madison
Baldwin County

JOURNAL OF THE HOUSE
Purchase equipment for vocation lab in Houston County schools
Consolidate city/county governments in Pulaski County
Purchase/install lights and fences for Warner Robins National Little League Program
Feasibility study for river front improvements in City of Hawkinsville
Improvements to computers at Elaine Clarke Center in City of Chamblee
Operation of a multi-use recreational facility in the City of Chamblee
Operation of a program to reduce high school drop-out rates hi the Spalding Board of Education
Repair facilities in the City of Moultrie
Improvements to city properties in City of Whigham
Replace water lines and fire hydrants in the City of Blakely
Purchase equipment for the Donaldsonville City Fire Department
Planning, design and renovation of historic building in City of Colquitt
Pave parking lot of Senior Citizens Center in Seminole County
Refurbish track at Thomasville High School
Construct football stadium at Collins Hill High School in Gwinnett County
Renovate football stadium at Dacula High School
Purchase and install lights at Dacula High School baseball field
Repair and recarpet the Greene County Library
Operation of disciplinary program for middle schools in the Baldwin County Student Transition & Recovery Program
Purchase computers and education software for Baldwin County Boys and Girls Club
Operation of the Milledgeville Local Welcome Center
Purchase van for Uncle Remus Regional Library system
Operation of the Madison Cultural Center
Develop master plan for Georgia College and State University campus in Baldwin County

15,000 25,000
10,000 50,000 15,000 20,000
50,000 20,000 15,000 20,000 10,000
10,000 7,300 15,000
40,000 50,000 35,000 20,000
25,000
10,000 10,000 8,000
2,000
10,000

City of Forest Park
Clayton County
Clayton County Clayton County DeKalb County
Telfair County Board of Education
City of Alma
Dodge County Ben Hill County Irwin County Board
of Education City of Chester Fulton County Fulton County
Cobb County City of Marietta City of Keysville City of Augusta
City of Augusta
City of Screven Pierce County Pierce County

THURSDAY, MARCH 18, 1999
Renovation concession stand and purchase equipment for the Forest Park Athletic Association
Construct child care center for Youth Empowerment Project in Clayton County
Operation of the Arts Clayton, Inc. in Clayton County
Operation of the Alzheimer's Support Services in Clayton County
Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc.
Pave parking lot and other improvements at Telfair County High School
Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma
Improvements to facilities at Eastman/ Dodge County Recreation Department
Improvements to Ben Hill County landing
Purchase band uniforms for Irwin County High School
Establish a Chester City Police Department
Operation of the Carrie Steele-Pitts Home in Fulton County
Renovations to the Southwest Community Hospital to make ADA compliant in Fulton County
Repair gym floor at the Mark Trail Recreation Center
Operation of the Cobb County Collaborative
Operation of the Wellstar Hospice Program in Cobb County
Complete the construction of the Keysville Human Development Center
Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firefighters Burn Foundation in Augusta
Operation of the Augusta Clean and Beautiful Program
Operation of the Vidalia Boys and Girls Club
Improvements to the water tower electronics board in City of Screven
Purchase computer equipment for the Pierce County Chamber of Commerce
Renovate building to use as a resource center and meeting facility at the Pierce County Consolidated Men's Club

2037

$ 25,000 $ 40,000 $ 25,000 $ 50,000 $ 50,000 $ 25,000

$

9,694

$

5,000

$ 15,000

$ 20,000

$

5,000

$ 25,000

$ 50,000 $ 25,000 $ 20,000 $ 50,000 $ 35,750

$ 55,000

$ 20,000

$

5,000

$

5,000

$

5,000

$ 10,000

2038

JOURNAL OF THE HOUSE

Glynn County
Lee County Board of Education
Bartow County DeKalb County City of Albany
DeKalb County DeKalb County Pierce County DeKalb County Dougherty County Lee County City of Atlanta City of Atlanta City of Atlanta Bartow County City of Augusta Richmond County Richmond County Randolph County

Operation of the Speech, Hearing and Rehabilitation of Coastal Georgia, Inc. in Glynn County
Operation of Georgia Soccer Foundation Improvements to irrigation system on
athletic fields at Lee County Schools Replace vehicle Bartow County transportation of retarded children Operation of mentoring programs in DeKalb County Operation of House of Hope transition program in City of Albany Operation of William T. White Family Resource Center in DeKalb County Operation of Southeast YMCA after school program in DeKalb County Operating expenses for Pierce County Operation of Safe Haven program in DeKalb County Promote Flint River Tourism in Dougherty County Promote economic development at Lake Blackshear in Lee County Operating funds for Day Care Program and Summer Camp Purchase facility for community center in City of Atlanta Operation of Arts on the Road project in City of Atlanta Operation of child advocacy center in Bartow County Operation of child advocacy center in Augusta Operation of Richmond County community based programs Operation of the CSRA Transitional Center in Richmond County Feasibility study for an airport in Randolph County

$ 25,000 $ 30,000
$ 25,000 $ 75,000 $ 40,000
$ 80,000 $ 35,000 $ 25,000 $ 50,000 $ 50,000 $ 150,000 $ 40,000 $ 15,000 $ 25,000 $ 20,000 $ 40,000 $ 40,000 $ 210,000 $ 40,000 $ 20,000

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 $2,053.07. 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 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.

THURSDAY, MARCH 18, 1999

2039

Section 42. Provisions Relative to Section 11, Employees' Retirement Sys tem. 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 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 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 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.

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 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%.

2040

JOURNAL OF THE HOUSE

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.
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 11.35% for S.F.Y. 2000.
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 Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section K, 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.

THURSDAY, MARCH 18, 1999

2041

In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 49. In addition to all other appropriations for the State fiscal year ending June 30, 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 operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 50. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
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.

2042

JOURNAL OF THE HOUSE

Section 51. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 52. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 53. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 54. In accordance with the requirements of Article 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.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

THURSDAY, MARCH 18, 1999

2043

Section 56. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 57. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $253,627,081 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 October 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 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 1,1999. 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 according to an effective date of October 1, 1999. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the Georgia Gain established target salary levels in the Correctional Officer, Correctional Officer Farm Services, Transfer Officer, Fire Suppressant , Canine Handler, Probation Officer and Correctional Food Service job classifications with the amount of the appropriation for

2044

JOURNAL OF THE HOUSE

this purpose determined according to an effective date of October 1, 1999. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Public Safety employees earning below the Georgia Gain 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 according 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 adjustments for Public Safety employees earning at or above the Georgia Gain 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 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 1.5% 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, 1999. 14.) 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, 1999. 15.) In addition to the general salary adjustment in item 1 above, to provide a 5% increase for law enforcement personnel within the Public Service Commission and Parole Officers in the State Board of Pardons and Parole 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.

Representative Walker of the 141st moved that the House disagree to the Senate substitute to HB 144.

The motion prevailed.
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 Senate 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

THURSDAY, MARCH 18, 1999

2045

paper records retention policy; 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 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:
"43-39A-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;
(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

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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 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.
(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 4.

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:

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"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."
SECTION 5.

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 6.

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:

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"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 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.
Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 312.

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 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 Y 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 Y Epps E 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 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 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 E Massey Y McBee Y McCall Y McClinton

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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

Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar

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
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 motion, the ayes were 159, nays 0.
The motion prevailed.
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 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.
The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, 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; to provide for definitions; to provide for procedures, conditions, and limitations relating to such credits; to provide for the recapture of such credits under certain circumstances; to limit Georgia depreciation deductions with respect to qualified child care property for which such credits are claimed; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to be designated paragraph (13), to read as follows:

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"(13) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income."
SECTION 2. Said article is further amended by adding a new paragraph at the end of subsection (b) of Code Section 48-7-27, relating to computation of taxable income, to be designated paragraph (9), to read as follows:
"(9) If the taxpayer claims the tax credit provided for in subsection (d) of Code Section 48-7-40.6 with respect to qualified child care property, Georgia taxable income shall be increased by any depreciation deductions attributable to such property to the extent such deductions are used in determining federal taxable income."
SECTION 3. Said article is further amended by striking in its entirety Code Section 48-7-40.6, relating to tax credits for employers providing child care, which reads as follows:
"48-7-40.6.
(a) As used in this Code section, the term:
(1) 'Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities.
(2) 'Employer' means any employer upon whom an income tax is imposed by this chapter.
(3) 'Employer provided' refers to child care offered on the premises of the employer, provided that the facility is in Georgia.
(4) 'Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer.
(b) A tax credit shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to one-half of the cost of operation to the employer less any amounts paid for by employees during a taxable year.
(c) The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Any credit claimed under this Code section but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred.
(d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved child care pursuant to this Code section. The department shall adopt rules and regulations and forms to implement this credit program.",
and inserting in its place a new Code Section 48-7-40.6 to read as follows:

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"48-7-40.6.

(a) As used in this Code section, the term:
(1) 'Cost of operation' means reasonable direct operational costs incurred by an employer as a result of providing employer provided or employer sponsored child care facilities; provided, however, that the term cost of operation shall exclude the cost of any property that is qualified child care property.
(2) 'Employer' means any employer upon whom an income tax is imposed by this article.
(3) 'Employer provided' refers to child care offered on the premises of the employer.
(4) 'Employer sponsored' refers to a contractual arrangement with a child care facility that is paid for by the employer.
(5) 'Premises of the employer' refers to any location within the State of Georgia and located on the workplace premises of the employer providing the child 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; provided, however, that if such workplace premises are impracticable or otherwise unsuitable for the on-site location of such child care facility, as determined by the commissioner, such facility may be located within a reasonable distance of the premises of the employer.
(6) 'Qualified child care property" means all real property and tangible personal property purchased or acquired on or after July 1, 1999, or which property is first placed in service on or after July 1, 1999, for use exclusively in the construction, expansion, improvement, or operation of an employer provided child care facility, but only if:
(A) The facility is licensed or commissioned by the Department of Human Resources pursuant to Code Section 49-5-12;
(B) At least 95 percent of the children who use the facility are children of employees of:
(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
(ii) A corporation that is a member of the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code; and
(C) The taxpayer has not previously claimed any tax credit for the cost of operation for such qualified child care property placed in service prior to taxable years beginning on or after January 1, 2000.
Qualified child care property includes, but is not limited to, amounts expended on land acquisition, improvements, buildings, and building improvements and furniture, fixtures, and equipment.
(7) 'Recapture amount' means, with respect to property as to which a recapture event has occurred, an amount equal to the applicable recapture percentage of the aggregate credits claimed under subsection (d) of this Code section for all taxable years preceding the recapture year, whether or not such credits were used.
(8) 'Recapture event' refers to any disposition of qualified child care property by the taxpayer, or any other event or circumstance under which property ceases to be qualified child care property with respect to the taxpayer, except for:

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(A) Any transfer by reason of death;
(B) Any transfer between spouses or incident to divorce;
(C) Any transaction to which Section 381(a) of the Internal Revenue Code applies;
(D) Any change in the form of conducting the taxpayer's trade or business so long as the property is retained in such trade or business as qualified child care property and the taxpayer retains a substantial interest in such trade or business; or
(E) Any accident or casualty.

(9) 'Recapture percentage' refers to the applicable percentage set forth in the following table:

If the recapture event occurs within-

The recapture percentage is:

Five full years after the qualified child care property is placed in service ......... 100

The sixth full year after the qualified child care property is placed in service..... 90

The seventh full year after the qualified child care property is placed in service...80

The eighth full year after the qualified child care property is placed in service.....70

The ninth full year after the qualified child care property is placed in service ......60

The tenth full year after the qualified child care property is placed in service..... 50

The eleventh full year after the qualified child care property is placed in service 40

The twelfth full year after the qualified child care property is placed in service.. 30

The thirteenth full year after the qualified child care property is placed in service......................................................................................................................... 20

The fourteenth full year after the qualified child care property is placed in service......................................................................................................................... 10

Any period after the close of the fourteenth full year after the qualified child care property is placed in service........................................................................................... 0

(10) 'Recapture year' means the taxable year in which a recapture event occurs with respect to qualified child care property.

(b) A tax credit against the tax imposed under this article shall be granted to an employer who provides or sponsors child care for employees. The amount of the tax credit shall be equal to 75 percent of the cost of operation to the employer less any amounts paid for by employees during a taxable year.

(c) The tax credit allowed under subsection (b) of this Code section shall be subject to the following conditions and limitations:

(1) Such credit shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to any other credits;

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(2) Any such credit claimed but not used in any taxable year may be carried forward for five years from the close of the taxable year in which the cost of operation was incurred; and
(3) The employer shall certify to the department the names of the employees, the name of the child care provider, and such other information as may be required by the department to ensure that credits are granted only to employers who provide or sponsor approved child care pursuant to this Code section.
(d) In addition to the tax credit provided under subsection (b) of this Code section, a taxpayer shall be allowed a credit against the tax imposed under this article for the taxable year in which the taxpayer first places in service qualified child care property and for each of the ensuing nine taxable years following such taxable year. The aggregate amount of the credit shall equal 100 percent of the cost of all qualified child care property purchased or acquired by the taxpayer and first placed in service during a taxable year, and such credit may be claimed at a rate of 10 percent per year over a period of ten taxable years.
(e) The tax credit allowable under subsection (d) of this Code section shall be subject to the following conditions and limitations:
(1) Any such credit claimed in any taxable year but not used in such taxable year may be carried forward for three years from the close of such taxable year. The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for the credit in any succeeding taxpayer;
(2) In no event shall the amount of any such tax credit, including any carryover of such credit from a prior taxable year, exceed 50 percent of the taxpayer's income tax liability as determined without regard to any other credits; and
(3) For every year in which a taxpayer claims such credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return setting forth the following information with respect to such tax credit:
(A) A description of the child care facility; (B) The amount of qualified child care property acquired during the taxable year and the cost of such property; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified child care property acquired in prior taxable years and the cost of such property; (E) Any tax credit utilized by the taxpayer in prior taxable years; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year;
(H) The amount of tax credit to be carried forward to subsequent tax years; and (I) A description of any recapture event occurring during the taxable year, a calculation of the resulting reduction in tax credits allowable for the recapture year and future taxable years, and a calculation of the resulting increase in tax for the recapture year.
(f) If a recapture event occurs with respect to qualified child care property:
(1) The credit otherwise allowable under subsection (d) of this Code section with respect to such property for the recapture year and all subsequent taxable years shall be reduced by the applicable recapture percentage; and

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(2) All credits previously claimed with respect to such property under subsection (d) of this Code section shall be recaptured as follows:
(A) Any carryover attributable to such credits under paragraph (1) of subsection (e) of this Code section shall be reduced, but not below zero, by the recapture amount;
(B) The tax credit otherwise allowable under subsection (d) of this Code section for the recapture year, if any, as reduced under paragraph (1) of this subsection, shall be further reduced, but not below zero, by the excess of the recapture amount over the amount taken into account under subparagraph (A) of this paragraph; and
(C) The tax imposed under this article for the recapture year shall be increased by the excess of the recapture amount over the amounts taken into account under subparagraphs (A) and (B) of this paragraph, as applicable.

(g) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2000.

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

Representative Turnquest of the 73rd moved that the House agree to the Senate substitute to HB 610.

On the motion, 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

Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T E 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 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 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 E Massey Y McBee Y McCall Y McClinton

McKinney
Millar Mills Mobley Morris Mosley Mueller OTSfeal Orrock Parham Parrish Parsons Pelote Pinholster Poag
Ponder
Porter
Powell Purcell Ragas
Randall Ray Reaves Reece
Reed Reese Reichert Rice Richardson
Roberts Rogers 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 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
Stephens Y Stokes Y Stuckey Y Taylor

Y league Y Teper Y Tillman Y Tolbert

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Y Trense Y Turnquest
Twiggs Y Untennan

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

Y Westmoreland Y Whitaker Y Wiles Y Williams, J

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Y Williams, K Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 160, nays 3.

The motion prevailed.

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.

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

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 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

Davis, T
E 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 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
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 OTSTeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas
Randall
E 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 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 adoption of the Resolution, the ayes were 161, nays 0.

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The Resolution, having received the requisite constitutional majority, was adopted.
Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd and others:
A bill 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, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
The following amendment was read and adopted:
Representatives Smith of the 175th, Tunquest of the 73rd and Dukes of the 161st move to amend SB 210 by striking "an unrestricted" and inserting "a" on line 10 of page 5.
By striking "Every" on line 13 of page 5 and inserting in its place the following:
"Except for managed care plans offering a consumer choice option under subparagraph (d)(2)(C) of this Code section, every".
By striking lines 23 through 28 of page 5 and inserting in their place the following:
"(B) Such health care provider or hospital agrees to accept reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals. The reimbursement rates for the plan may be proportionally reduced from those paid to participating providers if the cost-sharing provisions in paragraph (3) of subsection (d) of this Code section are utilized in the consumer choice option;".
By striking lines 14 through 35 of page 6 and inserting in their place the following:
"(A) For health benefit plans offered by health maintenance organizations under Chapter 21 of this title, the managed care entity may offer both of the following options, but must offer either:
(i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 17.5 percent increase in premium over the plan without the option, whichever is less, or
(ii) The actuarial basis of the option with cost sharing as provided under paragraph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 15 percent increase in premium over the plan without the option and with cost sharing as provided under paragraph (3) of this subsection, whichever is less;
(B) For all other managed care plans under this chapter, the managed care entity may offer both of the following options, but must offer either:
(i) The actuarial basis of the option taking into account administrative and other costs associated with the exercise of this option or a 10 percent increase in premium over the plan without the option, whichever is less; or
(ii) The actuarial basis of the option with cost sharing as provided under paragraph (3) of this subsection taking into account administrative and other costs associated with the exercise of this option or a 7.5 percent increase in premium over the plan without the option and with cost sharing as provided under paragraph (3) of this subsection, whichever is less;

THURSDAY, MARCH 18, 1999

2057

(C) Notwithstanding subparagraph (B) of this paragraph, for all other managed care plans under this chapter, a health benefit plan may offer at no additional premiums or cost sharing a preferred provider organization network plan under Article 2 of Chapter 30 of this title, which plan contains standards for participating providers and hospitals which:
(i) Meets the requirements of subparagraphs (A), (C), and (D) of paragraph (1) of subsection (c) of this Code section; and
(ii) Includes only health care providers and hospitals which agree to accept the reimbursement from both the plan and the enrollee at the rates and on the terms and conditions applicable to similarly situated participating providers and hospitals and under any cost-sharing conditions required of other similarly situated preferred providers, which reimbursement shall be accepted as full and final payment for the covered health care services provided to the enrollee and no preferred provider shall bill the enrollee for any portion of a payment exclusive of the requirements of this subparagraph.
Managed care plans offering the preferred provider organization network plan under this subparagraph shall not place capacity limits on the number or classes of providers authorized to be preferred providers except where the services regularly performed by a particular class of providers are not covered services within the scope of the health benefit plan or plans offered by the managed care plan pursuant to Article 2 of Chapter 30 of this title. This subparagraph shall not supersede any other requirement of this title regarding the coverage of a certain class or classes of providers."
By striking "Any" on line 36 of page 6 and inserting in its place the following:

"Except as provided in subparagraph (C) of paragraph (2) of this subsection for a consumer choice option without cost sharing, any".
By striking "If coinsurance is used in network" and inserting "In all cases" on line 8 of page 7.
By adding "difference" immediately following "points" on line 10 of page 7.

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
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 E 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 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 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

E Massey Y McBee Y McCall Y McClinton
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
Ponder Y Porter Y Powell Y Purcell

2058
Y Ragas Y Randall E Ray
Reaves Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
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
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 Y Westmoreland Y 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 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Hembree of the 98th, Smith of the 91st 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.
By unanimous consent, HB 210 was ordered immediately transmitted to the Senate.
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 secondary 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 violence, and acts of terrorism.
The following amendment was read and adopted:
Representative Walker of the 87th moves to amend SB 74 by adding at the end of line 3 of page 1 the following:
"the conduct which constitutes school loitering; to change".
By striking "striking in" on line 24 of page 1 and inserting in its place the following:
"striking Code Section 20-2-1180, relating to loitering upon school premises, and inserting in its place the following: '20-2-1180.
(a) For purposes of this Code section, a person engages in school loitering when that person remains upon the premises or within the school safety zone, as defined in paragraph (1) of subsection (a) of Code Section 16-11-127.1, of any public or private school in this state when the presence, activity, or language of such person would materially and substantially interfere with the requirements of appropriate discipline in the operation of such school or would materially and substantially endanger the safety of any student in such school.
(b)(a) It ahull be unlawful for any person to remain upon the prcmiaco or within the school atxfcty zone ao defined in paragraph (1) of subsection (a) of Code Section 16-11 137.1 of any public or private school in this state or to remain upon such premises or within ouch school safety zone when that pcraon doca not have a legitimate cause or need to be present thereon. Each principal or designee of each public or private school

THURSDAY, MARCH 18, 1999

2059

in this state shall have the authority to exercise such control over the buildings and grounds upon which a school is located so as to prohibit any person who doc3 not have a legitimate need or cnuac to be present thereon from engaging in school loitering upon such premises. Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person who doca not have a legitimate need or cause to be present therein from engaging in school loitering within the school safety zone.

fb)(c) Any person who ahull not have any legitimate cauoc or need to be present engages in school loitering upon the premises or within the school safety zone of any public or private school in this state who shall willfully fail to remove himself or herself from such premises or zone after the principal or designee of such school shall request him or her to do so shall be guilty of a misdemeanor of a high and aggravated nature.'

SECTION 1.1. Said article is further amended by striking in".

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 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 E 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 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 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 E Massey
Y McBee Y McCall Y McClinton
McKinney Y Millar
Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTMeal 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
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 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

2060

JOURNAL OF THE HOUSE

Representatives Smith of the 91st 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.
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 elimination of trade barriers and sanctions imposed by other countries against agricultural products.

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 Anderaon
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
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 Y Dix Y Dixon Y Dodson
Y Dukes Ehrhart
Y Epps Bi 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
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
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

Pelote Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall E Ray
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 Y Sholar 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
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 153, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Smith of the 91st and Sims of the 167th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 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 pro-

THURSDAY, MARCH 18, 1999

2061

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 provisions, relative to labor and industrial relations, so as to provide for accommodations to be provided for certain nursing mothers by employers.
The following Committee substitute was read and adopted:

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 under certain conditions; 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 authorize employers to provide accommodations for certain nursing mothers; 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 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding at the end thereof a new Code Section 31-1-9 to read as follows:
"31-1-9.

The breast-feeding of a baby is an important and basic act of nurture to which every baby has a right and which act must be encouraged in the interests of maternal and child health and family values, and in furtherance of this right, a mother may breastfeed her baby in any location, where the mother is otherwise authorized to be, provided the mother acts in a discreet and modest way."
SECTION 2.
Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-6 to read as follows:
"34-1-6.
(a) As used in this Code section, the term 'employer' means any person or entity that employs one or more employees and shall include the state and its political subdivisions.
(b) An employer may provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child. The employer may make reasonable efforts to provide a room or other location (in close proximity to the work area), other than a toilet stall, where the employee can express her milk in privacy. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer is not required to provide break time under this Code section if to do so would unduly disrupt the operations of the employer."
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.

2062

JOURNAL OF THE HOUSE

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
E 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 Manner Y Harbin Y Harrell Y Heard
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
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
E Massey Y McBee Y McCall Y McCHnton
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 E Ray Y Reaves Y Reece Y Reed Y Reese Y Reich ert 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

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.
Representatives Smith of the 91st and Sims of the 167th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 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.
The following Committee substitute was read and adopted:

THURSDAY, MARCH 18, 1999

2063

A BILL
To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Management Act of 1981," so as to change the definition of the term "emergency management"; to change the provisions relating to the authority of the director of emergency management; to require certain emergency management personnel to be certified and to provide requirements for certification; to require certain emergency management personnel to complete annual continuing educational courses; to provide for recertification of certain emergency management personnel; to amend Code Section 46-5123 of the Official Code of Georgia Annotated, relating to creation of the "911" Advisory Committee, so as to change the composition of the "911" Advisory Committee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 38 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Management Act of 1981," is amended by striking in its entirety paragraph (1) of Code Section 38-3-3, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Emergency management' means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical end health services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions."
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (c) of Code Section 38-3-20, relating to the creation of the Georgia Emergency Management Agency, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, and the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number "911" Service Act of 1977,' as amended."

2064

JOURNAL OF THE HOUSE

SECTION 3.
Said chapter is further amended by striking in their entirety paragraphs (1) through (3) of subsection (a) of Code Section 38-3-27, relating to local organizations for emergency management, and inserting in lieu thereof new paragraphs (1) through (3) to read as follows:

"(a)(l) The governing body of each county of this state may establish a local organization for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency management in accordance with the state emergency management plan and program, any municipality in such county may establish its own organization for emergency management. In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above-mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director whoac nomination must be endorsed by to the director of emergency management prior to who shall have the authority to make the appointment by the Governor. The local director shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct such functions outside of such territorial limits as may be required pursuant to Article 1, this article, and Article 3 of this chapter.

(2) A local director appointed pursuant to the provisions of paragraph (1) of this subsection who is paid a salary for full-time service as a director by the political subdivision or political subdivisions shall have the following minimum qualifications:
(A) The director shall be at least 21 years of age;
(B) The director shall not have been convicted of a felony. The executive officer or governing body of a political subdivision which nominates a local director shall furnish the director of emergency management two sets of fingerprints of the nominee. The director of emergency management shall forward fingerprints received concerning each nominee to the Georgia Crime Information Center of the Georgia Bureau of Investigation for the purpose of criminal identification through the fingerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of identification established by the Federal Bureau of Investigation. The Georgia Crime Information Center shall report the findings of its records search and the records search of the Federal Bureau of Investigation to the director of emergency management;
(C) The director shall have completed a high school education or its equivalent and shall have successfully completed all initial courses required by the director of emergency management within 180 days following the date of nomination to office or within an extended period as determined by the director of emergency management and shall have successfully completed subsequent courses required by the director of emergency management within an appropriate period as determined by the director of emergency management;

THURSDAY, MARCH 18, 1999

2065

(D) The director shall be capable of writing plans for responding to and recovering from disasters in his jurisdiction and shall be routinely available to respond to emergency scenes, command posts, or operation centers; to coordinate emergency response of public and private agencies and organizations; to attend training; and to attend meetings convened by the appointing authority or the director of emergency management; and
(E) The director shall not be self-employed or have any other occupation in the private sector which conflicts with his duties as a local director.
(3)(A) If a local director appointed pursuant to the provisions of paragraph (1) of this subsection is a part-time director, such part-time director shall meet the minimum qualifications in subparagraphs (A) through (D) of paragraph (2) of this subsection. If such local director is employed under a 40 to 90 percent (time required on job) work contract, such local director shall be required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices. If such local director is employed under a 25 to 39 percent (time required on job) work contract, such local director shall be required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices.
(B) If the part-time paid director is also a part-time paid employee of the federal or state government, he must have written authorization from the appropriate appointing authority to hold the position of director and to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(C) If the part-time paid director is also a part-time paid employee of county or municipal government in another capacity, that government must enact an order or ordinance specifying that such director will be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. The order or ordinance shall also specify that the individual, when acting as director, shall relinquish authorities and responsibilities associated with his other governmental employment and shall name a person to assume those authorities and responsibilities until such time as the director shall cease to function as director. In no case shall the county or municipal government seek or receive any reimbursement for the part-time paid director's salary if such director is employed and compensated by the county or municipality in another capacity.
(D) If the part-time paid director is also a part-time paid employee in the private sector, he shall have a letter from his employer stating that he shall, without penalty, be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(E) If the part-time paid director is self-employed, he must certify, by letter, that his schedule shall permit him to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(F) Except as provided in his subparagraph, any director or deputy director of a local emergency management organization appointed after July 1, 1999, shall be a certified emergency manager under the Georgia Emergency Management Agency's Certified Emergency Manager Program. The curriculum of the Certified Emergency Manager Program and requirements for certification shall be determined by the director of emergency management and shall include, but not be limited to, professional development series training, independent study courses, emergency preparedness courses, and field-delivered courses. Certification may be obtained by an appointed director or deputy director within six months of his or her appointment. Certification shall expire biennially. As a condition of certification re-

2066

JOURNAL OF THE HOUSE

newal, such emergency management personnel shall be required to satisfactorily complete continuing education requirements provided for in subparagraph (G) of this paragraph.
(G) Emergency management personnel certified under the Certified Emergency Manager Program shall complete annually a minimum of 24 hours of continuing education to maintain certification. The continuing education shall include programs and courses sponsored or approved by the director of emergency management. Personnel who lose their certification because of their failure to meet continuing education requirements will be eligible for recertification under provisions included in the Certified Emergency Manager Program."

SECTION 4.
Code Section 46-5-123 of the Official Code of Georgia Annotated, relating to creation of the "911" Advisory Committee, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) For the purposes of the development and implementation of a plan for the statewide emergency telephone number '911' system, there is created the '911' Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the commissioner of community affaira administrative services or his or her designee; and ten other members appointed by the Governor, as follows:

(1) Three members appointed from nominees of the Georgia Municipal Association;

(2) Three members appointed from nominees of the Association County Commissioners of Georgia; and

(3) Four members who are experienced in and currently involved in the management of emergency telephone systems."

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 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 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 E Day
Dean Y DeLoach, B Y DeLoach, G Y Dix

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

Y Hembree Y Henson
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 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 O'Neal Orrock

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

THURSDAY, MARCH 18, 1999

2067

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

Shipp Sholar Sims Sinkfield Y Skipper Smith, B Smith, C Y Smith, C.W Y Smith, L Smith, L.R Y Smith, P E Smith, T Smith, V 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
Tillman
Y Tolbert Y Trense

Y Turnquest Y Twiggs Y Unterman
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 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Holland of the 157th, Smith of the 91st and Sims of the 167th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 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 following Committee substitute was read and withdrawn:
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 proof of prisoner of war status; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking Code Section 48-5-478.1, relating to the exemption of certain motor vehicles owned by former prisoners of war from ad valorem taxation, and inserting in lieu thereof a new Code section to read as follows:
"48-5-478.1.
(a) As used in this Code section, the term 'prisoners of war' shall have the same meaning as provided for in subsection (a) of Code Section 40-2-73, as amended.
(b) Any former prisoner of war who is a citizen and resident of Georgia and who attaches a true copy of a Department of Defense Form 214 to his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal,

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JOURNAL OF THE HOUSE

and school purposes on the one vehicle such former prisoner of war owns and on which auch pcraon actually places the free distinctive personalized liccnac plate auch pcroon receives pursuant to Code Section 40' 2 73, aa amended."
SECTION 2. This Act shall become effective on January 1, 2000, and shall apply to all tax years beginning on or after January 1, 2000.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Buck of the 135th, was read:

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 proof of prisoner of war status; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking Code Section 48-5-478.1, relating to the exemption of certain motor vehicles owned by former prisoners of war from ad valorem taxation, and inserting in lieu thereof a new Code section to read as follows:
"48-5-478.1.

(a) As used in this Code section, the term 'prisoners of war' shall have the same meaning as provided for in subsection (a) of Code Section 40-2-73, as amended.
(b) Any former prisoner of war who is a citizen and resident of Georgia and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of his or her former prisoner of war status with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on fee one vehicle such former prisoner of war owns and on which auch poraon actually places the free distinctive pcraonalizcd license plate such pcraon receives pursuant to Code Section 40 2-73, aa amended."
SECTION 2. This Act shall become effective on January 1, 2000, and shall apply to all tax years beginning on or after January 1, 2000.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives McClinton of the 68th, Teper of the 61st, Stuckey of the 67th, Sinkfield of the 57th and Holmes of the 53rd move to amend the Floor substitute to SB 83 as follows:

THURSDAY, MARCH 18, 1999

2069

By adding a new Section 2 to read as follows:

"Any county, and any municipality wholly or partially located within such county, may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality, to collect the taxes for such municipality to invoke any remedy permitted for collection of municipal taxes and otherwise take such action as permitted by O.C.G.A. Section 48-5-359.1 and under the terms and conditions of said code section."
And by renumbering Section 2 and 3 accordingly.

Representatives Scott of the 165th, Birdsong of the 123rd and Buck of the 135th move to amend the Floor substitute to SB 83 by adding at the end of line 6 of page 1 the following:

"provide for an exemption with respect to certain motor vehicles owned by the spouses of deceased former prisoners of war; to provide for conditions and limitations; to"
By striking the quotation marks at the end of line 33 on page 1 and inserting in lieu thereof the following:

"(c) Any spouse of a deceased former prisoner of war who is entitled to a special license plate for former prisoners of war pursuant to subsection (c) of Code Section 402-73 and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of such spouse's husband's or wife's prisoner of war status with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on one vehicle such spouse of a deceased former prisoner of war owns.'"

The Floor substitute, as amended, was adopted.

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

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

Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
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 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 Manner 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 Y Manning Y 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 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

2070
Y Shipp Y Sholar
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 E Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Y Stallings

Y Stancil Stanley, P Stanley-Turner
Y Stephens Y Stokes Y Stuckey
Taylor Y Teague Y Teper

Y Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Untermian 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, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, SB 83 was ordered immediately transmitted to the Senate.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate insists on its substitute to the following bill of the House: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000.
The following Resolutions of the House were read: HR 624. By Representative Hembree of the 98th:
A resolution expressing regret at the loss of Vivian Wilson Keling. HR 625. By Representative Channell of the lllth:
A resolution commending the 1998-1999 Putnam County High School Girls' basketball team. HR 626. By Representatives Snow of the 2nd and Clark of the 3rd: A resolution recognizing and commending the Fort Oglethorpe Police Department. HR 627. By Representatives Stancil of the 16th, Cummings of the 27th, Murphy of the 18th, Holland of the 157th and Pinholster of the 15th: A resolution congratulating Lynda Leigh Freeman and James David Lovingood, Jr., on the occasion of their wedding. HR 628. By Representatives Pinholster of the 15th, Stancil of the 16th and Randall of the 127th: A resolution recognizing and commending Kenneth Jarrett. HR 629. By Representative O'Neal of the 75th: A resolution expressing regret at the passing of Ivan (Gene) Butler. HR 630. By Representatives Teper of the 61st, Ashe of the 46th, Henson of the 65th, Evans of the 28th, Smith of the 12th and others: A resolution recognizing and commending Josh Zaffos.

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2071

HR 631. By Representatives Scarlett of the 174th and Tillman of the 173rd:
A resolution recognizing and expressing appreciation to Mrs. Rhonda Jaudon.
HR 632. By Representative Jenkins of the 110th: A resolution commending Howell W. Newton and all the past and present associates of Trio Manufacturing Company for achieving 100 years in operation.
HR 633. By Representative Coleman of the 80th: A resolution commending Scott McAlister Reagan.
HR 634. By Representative Coleman of the 80th:
A resolution commending Andrew P. Wojcik.
HR 635. By Representative Tolbert of the 25th: A resolution recognizing and commending the Commerce High School Competitive Cheerleading Team.
HR 636. By Representatives Orrock of the 56th, Dean of the 48th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th and others: A resolution recognizing and commending Ebenezer Baptist Church.
HR 637. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th, Day of the 153rd and Bordeaux of the 151st: A resolution congratulating Mr. and Mrs. Guy Richard Rathbun.

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

Y Alien 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
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 Cox
Y Crawford Y Cummings
Y Davis, M

Y Davis, T E 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 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
E Massey Y McBee Y McCall
Y McClinton McKinney
Y Millar Y Mills Y Mobley
Y Morris Y Mosley Y Mueller
Y CCNeal Orrock
Y Parham Y Parrish
Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas Y Randall
Ray Reaves Y Reece Y Reed
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 Y Smith, C.W Y Smith, L

Y Smith, L.R Y Smith, P
E 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 Y Teague
Y leper Y Tillman Y Tolbert Y Trense Y Turnquest
Y Twiggs Y Unterman Y Walker, L
Walker, R.L
Y Wateon Y West
Westmoreland
Y Whitaker Y Wiles
Williams, J Y Williams, R
Y Wix Y Yates
Murphy, Spkr

On the adoption of the Resolutions, the ayes were 150, nays 0.

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JOURNAL OF THE HOUSE

The Resolutions were adopted.
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 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.
Representative Walker of the 141st moved that the House insist on its position in disagreeing to the Senate substitute to HB 144 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.
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 277. By Senator Cable of the 27th: A bill to amend an Act to provide a new charter for the City of Forsyth, as amended, so as to repeal term limits on the office of mayor.
SB 278. By Senator Hooks of the 14th: A bill to amend an Act creating and establishing the Taylor County Building Authority so as to provide for an additional power which may be exercised by such authority; to provide an effective date.
SB 279. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating a Magistrate's Court of Rockdale County, as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date.
SB 280. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.
SB 281. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.
SB 282. By Senators Guhl of the 45th and Crotts of the 17th: A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.

THURSDAY, MARCH 18, 1999

2073

SB 283. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date.
SB 284. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating a board of commissioners for Rockdale County, as amended, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effective date.
SB 285. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the State Court of Rockdale County, as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date.
SB 286. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.
SB 287. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit so as to change the amount of such supplement; to provide an effective date.
HB 857. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd 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.
HB 899. By Representatives Borders of the 177th, Reaves of the 178th, Shaw of the 176th and others:
A bill to establish the Valdosta-Lowndes County Conference Center and Tourism Authority.
HB 923. By Representative Roberts of the 162nd:
A bill to amend an Act creating the Dougherty Judicial Circuit, so as to provide for an increase in the county supplement to the judges of such judicial circuit.
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 indebtedness and termination of the authority.
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.
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.

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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, revise, and supersede the several Acts incorporating the City of Pembroke," so as to provide for council districts.
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.
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.
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.
HB 942. By Representative Shanahan of the 10th:
A bill to provide for the board of elections of Gordon County.
HB 943. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to create the State Court of Douglas County.
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 Improvement Districts Act," so as to change the members of the boards of community improvement districts.
HB 949. By Representative Smith of the 91st:
A bill to provide a new charter for the Town of Buckhead.
HB 950. By Representative Dukes of the 161st:
A bill to provide a new charter for the City of Colquitt.
HB 951. By Representatives Walker of the 141st, James of the 140th, Bohannon of the 139th and others:
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.
SB 275. By Senator Jackson of the 50th:
A bill to provide for homestead exemptions from Stephens County ad valorem taxes for county purposes and from Stephens County school district ad valorem taxes for educational purposes in the amount of $2,000.00 of the assessed value of certain homesteads that are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto.
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 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 that exemption is first granted to a resident of that city.

THURSDAY, MARCH 18, 1999

2075

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.
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 assessed value of the homestead for certain residents of that city who are 65 years of age or older.
The Senate has passed, as amended, by the requisite constitutional majority the following bill 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.
The following Resolutions of the House were read and adopted:
HR 638. By Representatives Wix of the 33rd, Murphy of the 18th, Walker of the 141st, Skipper of the 137th, Snow of the 2nd and others:
A resolution commending John Edward "Ed" Nix.
HR 639. By Representatives Wiles of the 34th, Murphy of the 18th, Bannister of the 77th, Parsons of the 40th, Harbin of the 113th and others:
A resolution commending Mr. Harold John Wiles.
HR 640. By Representatives Wiles of the 34th, Bannister of the 77th, Parsons of the 40th, Harbin of the 113th, Irvin of the 45th and others:
A resolution commending Mr. Charles L. Wiles.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000.
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.
Representative Martin of the 47th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

2076

JOURNAL OF THE HOUSE

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 130 Do Pass, by Substitute SB 180 Do Pass, by Substitute SB 259 Do Pass, by Substitute
Respectfully submitted, /s/ Martin of the 47th
Chairman
Pursuant to SR 288, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 22, 1999.

MONDAY, MARCH 22, 1999
Representative Hall, Atlanta, Georgia Monday, March 22, 1999

2077

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
Bunn Byrd Callaway Campbell Cash Channell Childers Clark
Coan Coleman, B Connell Cox Crawford Cummings

Davis, M Davis, T Day Dean DeLoach, B DeLoach, G Dixon Dodson Dukes Evans Everett Felton Floyd Franklin Golick Greene Grindley Hammontree Hanner Harbin Harrell Heard Hegstrom Hembree E Henson Holland Howard Hudgens

Hudson, N Hugley Jackson, B Jackson, L James Jennings Joyce Kaye Lane Lewis Lord Lucas Mann Manning Martin, J Martin, J.L McBee McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parsons

Pelote Pinholster Poag Powell Purcell Randall Ray Reaves Reece
Reichert Rice Richardson Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims Sinkfield

Smith, B
Smith, C Smith, C.W Smith, L Smith, L.R Smith, P
Smith, T Smith, V Snelling Squires Stallings
Stancil
Stephens
Taylor Teper Tillman Tolbert Turnquest Unterman Walker, R.L 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 Jenkins of the 110th, Twiggs of the 8th, Burkhalter of the 41st, Graves of the 125th, Parham of the 122nd, Stokes of the 92nd, Bordeaux of the 151st, Houston of the 166th, Hudson of the 120th, Ragas of the 64th, Heckstall of the 55th, Reed of the 52nd, Watson of the 70th, Smyre of the 136th, Trense of the 44th, Westmoreland of the 104th, Dix of the 76th, Anderson of the 116th, Porter of the 143rd, Ponder of the 160th, Maddox of the 72nd, Irvin of the 45th, McCall of the 90th, Epps of the 131st, Stanley of the 49th, Williams of the 83rd, Coleman of the 142nd, Jones of the 71st, Alien of the 117th, Skipper of the 137th, Teague of the 58th, Cooper of the 31st and Snow of the 2nd.
They wish to be recorded as present.
Prayer was offered by the Reverend Don Hardison, Pastor, Corinth Christian Church, Loganville, Georgia.

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JOURNAL OF THE HOUSE

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 1043. By Representatives Coleman of the 80th, McBee of the 88th, Houston of the 166th and Cummings of the 27th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to provide for credit in such retirement system for periods of absence from employment for service in the General Assembly.
Referred to the Committee on Retirement.
HB 1044. By Representatives Jamieson of the 22nd, Channell of the lllth, Ray of the 128th, Byrd of the 170th, Greene of the 158th and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to delete certain provisions establishing an annual salary for the county commissioner in each county in this state administered by a single county commissioner; to provide for the minimum annual salary of members of the county governing authorities.
Referred to the Committee on State Planning & Community Affairs.
HB 1045. By Representatives Hudson of the 120th, Squires of the 78th and Smyre of the 136th:
A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Physical Therapy Act," so as to change the provisions relating to definitions, practice of physical therapy and physiotherapy and use of certain words relating thereto; to change the provisions regarding disciplinary sanctions.
Referred to the Committee on Health & Ecology.

MONDAY, MARCH 22, 1999

2079

HB 1046. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain members of the Georgia Judicial Retirement System may elect to transfer membership to the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 1047. By Representatives Coleman of the 80th, Barnard of the 154th, Everett of the 163rd, Greene of the 158th and Golick of the 30th:
A bill to amend Code Section 42-5-55 of the Official Code of Georgia Annotated, relating to deductions from inmate accounts of medical costs, so as to provide for limitations upon medical treatment provided to inmates; to provide for limitations upon reimbursement to providers of such treatment.
Referred to the Committee on State Institutions & Property.
HB 1050. By Representative Kaye of the 37th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that no public retirement system receiving state funds as employer contributions and having an unfunded actuarial accrued liability shall be authorized to grant any postretirement benefit increases otherwise allowed.
Referred to the Committee on Retirement.
HR 620. By Representative Joyce of the 1st:
A resolution proposing an amendment to the Constitution so as to provide that the requirements for ballot access for a candidate of a political body or political party or for an independent candidate shall be no greater than the requirements for a candidate of the party whose candidate for Governor won the last state-wide election.
Referred to the Committee on Governmental Affairs.
HR 621. By Representative Floyd of the 138th:
A resolution designating the Toombs Taylor Morgan Memorial Bridge.
Referred to the Committee on Transportation.
HR 622. By Representative Snow of the 2nd:
A resolution creating the Aged and Disabled Transportation Task Force.
Referred to the Committee on Rules.
HR 623. By Representatives Ashe of the 46th and Irvin of the 45th:
A resolution urging the City of Atlanta to provide certain funding to neighborhood planning units (NPU's).
Referred to the Committee on State Planning & Community Affairs - Local.

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

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JOURNAL OF THE HOUSE

HR 642. By Representatives Holmes of the 53rd, McKinney of the 51st, McClinton of the 68th, Felton of the 43rd, Martin of the 47th and others: A resolution creating the House City of Atlanta and Fulton County Local Government 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 1037 HB 1038 HB 1039 HB 1040 HB 1041
HB 1042

HB 1048 HB 1049 HR 616 HR 617 HR 618

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 139 Do Pass
Respectfully submitted, Isl 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 Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 380 Do Pass SB 30 Do Pass, by Substitute
Respectfully submitted, lei Hudson of the 156th
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:

MONDAY, MARCH 22, 1999

2081

HB 1000 Do Pass HB 1001 Do Pass HB 1034 Do Pass

HB 1035 Do Pass HB 1036 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 22, 1999
Mr. Speaker and Members of the House: The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

HR 333 Local bds of ed; urge posting of cert American heritage documents HR 522 Certain surgeries; length of stays; discharges; urge direct monitoring

SB 32 Education - SAT preparatory course, cert, public schools (James of the 35th)
SB 50 Education - educational care teams (Marable of the 52nd)
SB 63 Shoplifting - jurisdictional amt, cases of $100 or less (Kemp of the 3rd)
SB 66 Health Insurance - coverage for dental anesthesia, hospital charges (Walker of the 22nd)
SB 82 Magistrate Cts. - monetary jurisdiction of civil claims (Kemp of the 3rd)
SB 110 Temp Assist for Needy Families Act - qualified alien assistance (Walker of the 22nd)
SB 115 Prisoner Filing Writ of Habeas Corpus - fees pd from inmate's acct (Ragan of the llth)
SB 140 Rights of Personalty - ownership rights to dies, molds, patterns (Ray of the 48th)
SB 145 Pardons & Paroles Bd - separate from Dept of Corrections (Marable of the 52nd)
SB 148 Vehicle Used in Prostitution - seizure, condemnation (Fort of the 39th)
SB 163 Crimes Against Elderly Act of 1999 - provide (Hecht of the 34th)
SB 164 "Heidi's Law" - relating to DUI & homicide by vehicle (Ray of the 48th)
SB 192 School Liability Insur - include cert volunteer nonprofit organ (Burton of the 5th)
SB 193 Coin Opr Amusement Machines - prohibit cert conduct by owners (Polak of the 42nd)
SB 195 Rural Hospital Authorities Assistance Act - provide (Hill of the 4th)
SB 196 Jury Lists - use of cert lists of county citizens (Hill of the 4th)
SB 197 Counties, Local Authorities - health employee benefits (Hill of the 4th)
SB 205 State Boxing Commission - chng to Ga Boxing Comm; powers, duties (Walker of the 22nd)
SB 218 Probation - one-time fee when defendant placed on probation (Thompson of the 33rd)

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JOURNAL OF THE HOUSE

SB 222 Workforce Reinvestment Act of 1999 - enact (Thompson of the 33rd)
SB 230 Year 2000 Readiness Act - enact (Thompson of the 33rd)
SB 231 Laser Speed Detection Devices - admissibility of results (Lee of the 29th)
SB 242 Bd of Public Safety - composition, appointment, terms (Thompson of the 33rd)
SB 245 Child Support Orders - reviews, modifications (Kemp of the 3rd)
SR 108 R. P. Balkcom, Jr. Memorial Highway - designate (Hill of the 4th)
SR 109 Romie Waters Highway - redesignate (Hill of the 4th)
SR 150 Fred Lee Brady Bridge - designate (Thompson of the 33rd)
SR 151 Lester & Virginia Maddox Bridge - designate (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 1000. By Representative Smith of the 169th:
A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce 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.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed. HB 1001. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the 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 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

MONDAY, MARCH 22, 1999

2083

HB 1034. By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1035. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the corporate limits of the City of Hazlehurst by annexing certain territory into the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 4.
The Bill, having received the requisite constitutional majority, was passed.
HB 1036. By Representative Ray of the 128th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation received by the chairperson and the other members of said board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 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 House:
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.

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JOURNAL OF THE HOUSE

HB 147. By Representatives Buck of the 135th, Jamieson of the 22nd, Connell of the 115th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to federal qualified transportation fringe benefits.
HB 149. By Representatives Porter of the 143rd and Ray of the 128th:
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.
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.
HB 374. By Representatives Orrock of the 56th, Williams of the 114th, Trense of the 44th 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.
HB 399. By Representatives Sauder of the 29th, Walker of the 141st, Irvin of the 45th 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.
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.
HB 438. By Representatives Buck of the 135th, Royal of the 164th, Heard of the 89th and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to 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.
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.

MONDAY, MARCH 22, 1999

2085

HB 562. By Representatives Powell of the 23rd, Parrish of the 144th, Cash of the 108th 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.
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.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 590. By Representative Royal of the 164th:
A resolution commending Mitchell County Hospital.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
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.
HB 185. By Representatives Hanner of the 159th and Royal of the 164th:
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.
HB 732. By Representatives Smith of the 175th, Turnquest of the 73rd, Dukes of the 161st and others:
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 entities which administer benefits or review or adjust claims under a managed care plan and provide for recovery for violations of that standard.
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.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:

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JOURNAL OF THE HOUSE

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.
HB 165. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd 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.
HB 459. By Representatives Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th 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.
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.
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.
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.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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 advocate; 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, witnesses, and other employees.
The Senate insists on its amendment 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

MONDAY, MARCH 22, 1999

2087

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 Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 288. By Senator Bowen of the 13th:
A bill to amend an Act creating a board of commissioners of Tift County, as amended, so as to change the compensation of the chairperson, vice chairperson, and other members of the board of commissioners; to provide an effective date.
SB 289. By Senator James of the 35th:
A bill to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945, which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; to provide for related matters; to provide for an effective date.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 183. By Senators Williams of the 6th and Gillis of the 20th:
A resolution designating a portion of U.S. Highway 1 as the "Charles Durst Memorial Highway".
SR 232. By Senator James of the 35th:
A resolution designating the "Jondelle Johnson Drive".
SR 235. By Senator Dean of the 31st:
A resolution designating the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, as the "Dewey Pendley Bridge".
SR 236. By Senator Dean of the 31st:
A resolution designating the bridge on U. S. 278 Business at Euharlee Creek in Rockmart, Georgia, as the "Raymond Lester Bridge".
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
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.
HB 101. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st 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.
HB 604. By Representatives Buckner of the 95th, Orrock of the 56th, Childers of the 13th 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.

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JOURNAL OF THE HOUSE

The Senate has disagreed to the House amendment to 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 secondary 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 violence, and acts of terrorism.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
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.
The Senate has adopted, by substitute, by the requisite constitutional majority the following resolutions of the House:
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 "Hubert Hogan Bridge".
HR 214. By Representative Martin of the 145th:
A resolution designating a portion of State Highway 121 as the "William Level Lanier, Sr., Highway".
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
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".
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 558. By Representatives Smith of the 103rd, Williams of the 114th, 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 Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:

MONDAY, MARCH 22, 1999

2089

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 Annotated, relating to employment security, so as to enact the "Workforce Reinvestment 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 Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 134. By Senators Price of the 56th, Stephens of the 51st and Gingrey of the 37th:
A resolution creating the Georgia DUI Study Commission.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 275. By Senator Jackson of the 50th:
A bill to provide for homestead exemptions from Stephens County ad valorem taxes for county purposes and from Stephens County school district ad valorem taxes for educational purposes in the amount of $2,000.00 of the assessed value of certain homesteads that are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 277. By Senator Cable of the 27th:
A bill to amend an Act to provide a new charter for the City of Forsyth, as amended, so as to repeal term limits on the office of mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 278. By Senator Hooks of the 14th:
A bill to amend an Act creating and establishing the Taylor County Building Authority so as to provide for an additional power which may be exercised by such authority; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 279. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE

SB 280. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 281. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 282. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 283. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, as amended, so as to change the provisions relating to the compensation of the coroner; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 284. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating a board of commissioners for Rockdale County, as amended, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 285. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the State Court of Rockdale County, as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 286. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 287. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit so as to change the amount of such supplement; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.

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2091

SB 288. By Senator Bowen of the 13th: A bill to amend an Act creating a board of commissioners of Tift County, as amended, so as to change the compensation of the chairperson, vice chairperson, and other members of the board of commissioners; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local. SB 289. By Senator James of the 35th:
A bill to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945, which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; to provide for related matters; to provide for an effective date.
Referred to the Committee on State Planning & Community Affairs - Local. SR 134. By Senators Price of the 56th, Stephens of the 51st and Gingrey of the 37th:
A resolution creating the Georgia DUI Study Commission.
Referred to the Committee on Motor Vehicles. SR 183. By Senators Williams of the 6th and Gillis of the 20th:
A resolution designating a portion of U.S. Highway 1 as the "Charles Durst Memorial Highway".
Referred to the Committee on Transportation. SR 232. By Senator James of the 35th:
A resolution designating the "Jondelle Johnson Drive".
Referred to the Committee on Transportation. SR 235. By Senator Dean of the 31st:
A resolution designating the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, as the "Dewey Pendley Bridge".
Referred to the Committee on Transportation. SR 236. By Senator Dean of the 31st:
A resolution designating the bridge on U. S. 278 Business at Euharlee Creek in Rockmart, Georgia, as the "Raymond Lester Bridge".
Referred to the Committee on Transportation.

Representative Day of the 153rd arose to a point of personal privilege and addressed the House.

Representative Mann of the 5th 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 and Senate were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE

SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the Tear 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accomodation afforded by their services; to authorize investigation and require certain reports and information.

The following amendment was read and adopted:
The Committee on Industry moves to amend SB 230 by striking the words "Year 2000 compliant" on line 28 of page 3 and inserting in lieu thereof "Year 2000 compliance".

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

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

Alien Y Anderson Y Ashe Y Bailey Y 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 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 v 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 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
Lucas Maddox 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
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
Smyre Y Snelling
Snow
Squires
Y Stallings Y Stancil
Stanley, P Stanley-Turner 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
Williams, J Y 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.

MONDAY, MARCH 22, 1999

2093

Representatives Floyd of the 138th, Squires of the 78th, Mann of the 5th and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 115. By Senators Ragan of the llth, Meyer von Bremen of the 12th and Williams
of the 6th: A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.
The following amendment was read:
Representative Snelling of the 99th moves to amend SB 115 by inserting after "actions;" on line 13 of page 1 the following:
"to prohibit prisoners who have while incarcerated repeatedly filed malicious or frivolous actions or actions which failed to state a claim for which relief may be granted from filing certain civil actions in forma pauperis;". By redesignating Section 3 as Section 4. By inserting between lines 27 and 28 of page 2 the following:
"SECTION 3. Said chapter is further amended by adding a new Code Section 42-12-7.2 to read as follows:
'42-12-7.2.
In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state that was subsequently dismissed on the grounds that such action was frivolous, malicious, or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.'".
The following amendment was read and adopted:
Representative Ragas of the 64th moves to amend the Snelling amendment to SB 115 as follows: Delete line 23 and the word "granted" on line 24. Insert "or" between frivolous and malicious on line 22 of Snelling amendment.
The Snelling amendment, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

2094
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
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

JOURNAL OF THE HOUSE

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
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
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 OTSIeal 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 Y Shaw Y 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 Y Smith, T Y Smith, V Y Smyre Y 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 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 163, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Sholar of the 179th and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SR 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 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

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
Cummings Y Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G
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
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

MONDAY, MARCH 22, 1999

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 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
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

2095
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 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 adoption of the Resolution, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted. 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.

The report of the Committee, which was favorable to the 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
Y Dean Y DeLoach, B Y DeLoach, G
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 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 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

2096
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

JOURNAL OF THE HOUSE

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 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
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 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 provisions insuring certain nonprofit volunteer organizations and their members in insurance policies and indemnity contracts purchased for school officials and employees.

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

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

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 N 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 Barrell 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 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 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
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
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
league Y Teper
Y Tillman Y Tolbert Y Trense

Turnquest Y Twiggs Y Unterman

MONDAY, MARCH 22, 1999

Y Walker, L Y Walker, R.L
Watson

Y West
Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

2097
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.
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.

The report of the Committee, which was favorable to the 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 N Ashe Y Bailey N Bannister N Barnard Y Barnes Y Benefield N Birdsong N Bohannon Y Bordeaux
Borders N Bridges Y Brooks N Brown Y Buck
Buckner Y Bulloch N Bunn N Burkhalter N Byrd N Callaway N Campbell Y Cash Y Channel! Y Childers N Clark N Coan Y Colcman, B Y Coleman, T Y Connell Y Cooper Y Cox N Crawford Y Cummings N Davis, M

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

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

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

On the passage of the Bill, the ayes were 92, nays 71. The Bill, having received the requisite constitutional majority, was passed.

2098

JOURNAL OF THE HOUSE

Representative Stancil of the 16th moved that the House reconsider its action in giving the requisite constitutional majority to SB 32.

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

Alien
N Anderson Y Ashe N Bailey Y Bannister
Y Barnard N Barnes N Benefield N Birdsong N Bohannon Y 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 N Cash Y Channell N Childers Y Clark Y Coan N Coleman, B N Coleman, T N Connell Y Cooper N Cox Y Crawford Y Cummings Y Davis, M

N Davis, T Y Day N Dean Y DeLoach, B N DeLoach, G Y Dix N Dixon N Dodson N Dukes
Ehrhart N Epps Y Evans Y Everett Y Felton N Floyd Y Franklin N Golick
Graves 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 N Hudson, H N Hudson, N

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

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

On the motion, the ayes were 82, nays 82.
The Chair voted "nay".
The ayes were 82, nays 83.
The motion was lost.
Representative Walker of the 141st assumed the Chair. SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.

MONDAY, MARCH 22, 1999

2099

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide that a lien may not be enforced under certain conditions; to provide for sales of such properties under certain conditions; to provide for a limitation on the amount of such liens; to provide for related matters; to provide for nonimpairment of certain contracts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by adding a new Article 8 to read as follows:

44-12-310.

"ARTICLE 8 Part 1

As used in this article, the term:

(1) 'Customer' means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer.

(2) 'Molder' means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. 'Molder' includes, but is not limited to, a tool or die maker.

(3) Within three years following the last prior use' shall include any three-year period following the last prior use of a die, mold, form, or pattern regardless of whether or not any portion of such period precedes the effective date of this article.
44-12-311.

(a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.

(b) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this Code section.

(c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section.

2100

JOURNAL OF THE HOUSE

(d)(l) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.

(2) This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.

44-12-320.

Part 2

(a) Holders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the die, mold, form, or pattern until the charges are paid, or until repossessed by a creditor with a prior perfected security interest.

(b) Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. Such notice shall also include a demand for payment.

(c) A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.

(d) If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction.

(e) In no event shall the amount of the lien established by this Code section exceed the contract price of services performed by the molder.
44-12-321.

(a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (d) of Code Section 44-12-320, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information:

(1) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice;

MONDAY, MARCH 22, 1999

2101

(2) A description of the die, mold, form, or pattern to be sold;
(3) The time and place of the sale; and
(4) An itemized statement for the amount due.
(b) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder"s intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern.
(c) A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law. 44-12-322.
In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control."
SECTION 2. This Act shall not impair the obligation of any contract entered into prior to the date this Act becomes effective.
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
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch Y Bunn N 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 N 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 Bhrhart 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

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 Y Hay 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
Smith, C.W Y Smith, L Y Smith, L.R

2102
Y Smith, P Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow Y Squires

JOURNAL OF THE HOUSE

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 Untennan
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 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute. 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.
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 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
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
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
Porter Y Powell Y Purcell
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
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
Teague Y Teper Y Tillman Y Tolbert Y Trense Y Tumquest 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 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

MONDAY, MARCH 22, 1999

2103

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.

Representative Burkhalter of the 41st moved the previous question.

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

N Alien N 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 Y Campbell Y Cash Y Channel! Y Childers N Clark N Coan Y Coleman, B
Coleman, T Y Connell N Cooper Y Cox Y Crawford N Cummings N Davis, M

Y Davis, T Y Day Y Dean
DeLoach, B N DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans N Everett
Felton Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin N Harrell Y Heard N Heckstall Y Hegstrom Y Hembree
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
Jenkins N Jennings Y Jones N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas
Maddox N Mann Y Manning
Martin, J Y Martin, J.L N Massey Y McBee
MeCall Y McClinton
McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y OWeal Y Orrock
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 N Rice N Richardson N Roberts Y Rogers Y Royal Y Sanders Y Sauder N Scarlett Y Scheid N 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 Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil Y Stanley, P
Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor
league Teper Y Tillman Y Tblbert Y Trense Y Turnquest N Twiggs N Unterman Walker, L N Walker, R.L Y Watson Y West N Westmorland Y Whitaker N Wiles N Williams, J Y Williams, R Y Wix Y Yates Murphy, Spkr

On the motion, the ayes were 116, nays 49.
The motion prevailed.
The following amendments were read and adopted:
The Committee on Education moves to amend HR 333 by striking lines 29 through 32 of page 1 and inserting in lieu thereof the following:
"federalist, and postfederalist eras; and United States Supreme Court decisions.".
Representatives Jones of the 71st, McKinney of the 51st, Bordeaux of the 151st, Smyre of the 136th and Irvin of the 45th move to amend HR 333 as follows: Insert on page one line 19 after the word "Heritage"
"which shall include but not be limited to African American Heritage".

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The following amendment was read: Representative Hegstrom of the 66th moves to amend HR 333 as follows: Adding after the semicolon on line 30 of page 1
"copies of or excerpts from The Phoenix published by the Cherokee Nation;". On the adoption of the amendment, the ayes were 75, nays 18. The amendment was adopted. The following amendment was read:

Representative Holmes of the 53rd et al. move to amend HR 333 as follows: Add on page 1, line 22 after the word compact, the following:

"Letter to Thomas Jefferson, 1791" by Benjamin Banneker; "Call to Rebellion, 1843," by Henry Garnett; "No Progress Without Struggle, 1849" by Frederick Douglass; "The Negro National Anthem" by James Weldon Johnson; "I Have a Dream" by Dr. Martin Luther King, Jr.; "Ain't I a Woman (1851)" by Sojourner Truth; "Of the Black Belt" "In The Souls of Black Folks" by W.E.B. DuBois; "Speech on the Eligibility of Colored Members to Seats in the Georgia Legislature" by Henry McNeal Turner; and other speeches and writings by outstanding African Americans.

Representative Twiggs of the 8th moved that HR 333 be placed upon the table.

On the motion, 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 N Dukes Y Ehrhart N Epps Y Evans Y Everett
Felton
Y Floyd N Franklin Y Golick N Graves N Greene
Y Grindley N Hammontree N Hanner Y Harbin
N Harrell N Heard Y Heckstall N Hegstrom
Y Hembree Henson
N Holland N Holmes
Y Houston N Howard Y Hudgens Y Hudson, H Y Hudson, N

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

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas N Randall Y Ray
Reaves N Reece Y Reed Y Reese N Reichert Y Rice N Richardson N Roberts Y Rogers N Royal Y Sanders N Sauder Y Scarlett Y Scheid N Scott N Shanahan Y Shaw Y Shipp Y Sholar Y Sims N Sinkfield N Skipper N 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 Y Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N 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

MONDAY, MARCH 22, 1999

2105

On the motion, the ayes were 106, nays 62.

The motion prevailed.

Representative McKinney of the 51st moved that the House reconsider its action in tabling HR 333.

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 N Barnes N Benefield N Birdsong N Bohannon Y Bordeaux
N Borders N Bridges Y Brooks N Brown N Buck
Buckner
N Bulloch Y Bunn N Burkhalter Y Byrd N Callaway N Campbell
N Cash N Channell N 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 N DeLoach, B N DeLoach, G N Dix Y Dixon N Dodson N 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 N Harrell Y Heard N Heckstall Y Hegstrom N Hembree N Henson Y Holland Y Holmes N Houston Y Howard N Hudgens N Hudson, H N Hudson, N

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

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

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

On the motion, the ayes were 47, nays 123.
The motion was lost.
Representative Walker of the 141st announced the House in recess until 1:20 o'clock this afternoon.

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JOURNAL OF THE HOUSE

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
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.
The following substitute, offered by Representative Byrd of the 170th, was read and adopted:
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; to provide enhanced penalties for the commission of offenses of simple battery, battery, and sexual assault against persons in custody when committed by employees, agents, or volunteers of certain health care facilities for disabled adults or elder persons; to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," so as to authorize the director of the county department of family and children services or the director's designee or an adult protection agency employee to file a petition in the probate or superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect; to provide procedures; to authorize a judge of the probate or superior court to issue an ex parte order requiring that an adult protection agency employee be given access to a disabled adult or elder person to inquire into such person's well-being; to provide for enforcement of such orders; to provide that certain provisions of law shall not be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records; to change certain provisions relating to penalties; to provide that a violation of Code Section 30-5-8 shall constitute a separate offense; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Crimes Against Elderly Act of 1999."
SECTION 2.
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery, is amended by striking in its entirety Code Section 16-5-20, relating to the offense of simple assault, and inserting in lieu thereof a new Code Section 16-5-20 to read as follows:

MONDAY, MARCH 22, 1999

2107

"16-5-20.

(a) A person commits the offense of simple assault when he or she either:

(1) Attempts to commit a violent injury to the person of another; or

(2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
(b) Except as provided in aubacction subsections (c) and (d) of this Code section, a person who commits the offense of simple assault shall be guilty of a misdemeanor.
(c) Any person who commits the offense of simple assault in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' means a bus, van, or rail car used for the transportation of passengers within a system which receives a subsidy from tax revenues or is operated under a franchise contract with a county or municipality of this state.

(d) Any person who commits the offense of simple assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature."
SECTION 3.
Said article is further amended by adding at the end of Code Section 16-5-23, relating to the offense of simple battery, a new subsection (f) to read as follows:
"(f) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, who commits the offense of simple battery against a person who is admitted to or receiving services from such facility, person, or entity shall be punished for a misdemeanor of a high and aggravated nature."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 16-5-23.1, relating to the crime of battery, and inserting in lieu thereof a new Code Section 16-5-23.1 to read as follows:
"16-5-23.1.

(a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
(b) As used in this Code section, the term Visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.

(c) Except as provided in subsections (d) through (i) (k) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor.
(d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence often days

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for a second offense shall not be suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to:
(1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; or
(2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice.
(e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection.
(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows:
(1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and
(2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
(g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20.
(h) Any person who commits the offense of battery against a female who is pregnant at the time of the offense shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(i) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.
(j) Except as otherwise provided in subsection (e) and paragraph (2) of subsection (f) of this Code section, any person who commits the offense of battery against a person who is 65 years of age or older shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature.
(k) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care

MONDAY, MARCH 22, 1999

2109

and hospices, who commits the offense of battery against a person who is admitted to or receiving services from such facility, person, or entity shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $2,000.00, or both."
SECTION 5.
Code Section 16-6-5.1 of the Official Code of Georgia Annotated, relating to the offense of sexual assault against a person in custody, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, relating to long-term care facilities, or Code Section 31-7-12, relating to personal care homes, or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173, relating to home health care and hospices, commits sexual assault when such person engages in sexual contact with another person who has been admitted to or is receiving services from such facility, person, or entity. A person convicted of sexual assault pursuant to this subsection shall be punished by imprisonment for not less than one nor more than five years, or a fine of not more than $5,000.00, or both. Any violation of this subsection shall constitute a separate offense."
SECTION 6.
Chapter 5 of Title 30 of the Official Code of Georgia Annotated, known as the "Disabled Adults and Elder Persons Protection Act," is amended by adding at the end of Code Section 30-5-5, relating to investigative reports of need for protective services, a new subsection (h) to read as follows:
"(h) Notwithstanding any other provisions of this Code section, if any director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this paragraph shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 30-5-7, relating to confidentiality of public records, and inserting in lieu thereof a new Code Section 305-7 to read as follows:
"30-5-7.

All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code

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JOURNAL OF THE HOUSE

section shall be construed to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 30-5-8, relating to criminal offenses and penalties, and inserting in lieu thereof a new Code Section 30-58 to read as follows:
"30-5-8.

(a)(l) In addition to any other provision of law, it ft shall be unlawful for any person to abuse, neglect, or exploit any disabled adult or elder person.

(2) Except as otherwise provided in Title 16, any A*y person violating the provisions of this subsection shall be guilty of a misdemeanor.

(b)(l) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report.

(2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.

(c) Any violation of this Code section shall constitute a separate offense."

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, 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 Y Bunn
Burkhalter Y Byrd Y Callaway
Campbell Cash Y Channell Y Childers
Y Clark
Coan

Y Coleman, B Y Coleman, T Y 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 Y Houston Howard Y Hudgens Hudson, H Y Hudson, N Y Hugley Y Irvin Jackson, B Y Jackson, L James Y Jamieson Jenkins Y Jennings Jones Joyce Y 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 Y Smith, L Smith, L.R Y Smith, P Smith, T Y Smith, V

MONDAY, MARCH 22, 1999

Smyre Y Snelling
Snow Squires Y Stallings Y Stancil Y Stanley, P Stanley-Turner

Y Stephens Stokes Stuckey
Y Taylor Y Teague
Teper Tillman Tolbert

Trense Turaquest Twiggs Unterman Walker, L Walker, R.L Watson West

2111
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 110, nays 0.

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

Representatives Squires of the 78th, Stokes of the 92nd and Burkhalter of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
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 authorize the provision of employee benefits to counties, the Association County Commissioners of Georgia, consolidated governments, local authorities, commissions, and other similar and related entities.

The report of the Committee, which was favorable to the 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
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

Smith, L.R Y Smith, P Y Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Tillman Tolbert 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

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On the passage of the Bill, the ayes were 125, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Squires of the 78th and Burkhalter of the 41st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Walker of the 141st assumed the Chair. 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 conditions and for certain purposes.
The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend SB 195 as follows:
1. On page 1, line 30, delete the words "required to" and substitute in lieu thereof the following:

"necessary and recommends funds" so as to read:

"necessary and recommends funds be made available to such hospitals." 2. On page 2, line 17, correct "medicare" to read "Medicare".

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
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 Y 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 Y Ehrhart Y Epps
Evans
Y Everett
Felton Y Floyd N Franklin Y Grolick 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
Jackson, B
Y Jackson, L James
Y Jamieson
Jenkins
Y Jennings Jones
N Joyce Y Kaye Y Lane Y Lewis Y 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 Craeal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster

Y Poag Y Ponder Y Porter
Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed Y Reese Y Reichert
Rice

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Y Richardson Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Shanahan Y Shaw Y Shipp Y Sholar Y 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 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
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, as amended, the ayes were 152, nays 4.

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

Representative Squires of the 78th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.

Representative Joyce of the 1st moved that SB 148 be placed upon the table.

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

Y Alien Y Anderson N Ashe 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 N Campbell Y Cash N Channell N Childers Y Clark Y Coan N Coleman, B

N Coleman, T N Connell Y Cooper N Cox Y Crawford Y Cummings Y Davis, M N Davis, T Y Day N Dean Y DeLoach, B N DeLoach, G N Dix N Dixon N Dodson N Dukes Y Ehrhart N Epps
Evans N Everett N Felton Y Floyd Y Franklin N Golick N Graves N Greene Y Grindley Y Hammontree N Hanner

N Harbin N Harrell N Heard Y Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Houston Y Howard N Hudgens Y 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

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

N Randall N Ray Y Reaves N Reece N Reed Y Reese N Reichert N Rice Y 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

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N Smith, P N Smith, T N Smith, V N Smyre Y Snelling Y Snow N Squires

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N Stallings Y Stancil N Stanley, P N Stanley-Turner N Stephens N Stokes N Stuckey

N Taylor N Teague
Teper N Tillman Y Tolbert N Trense
Turnquest

N Twiggs N Unterman
Walker, L N Walker, R.L Y Watson N West N Westmoreland

E Whitaker Y Wiles N Williams, J Y Williams, R N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 57, nays 114.
The motion was lost.
The following Committee substitute was read:
A BILL
To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles operated by a person who has been convicted of or pleaded nolo contendere to two previous violations of Code Section 16-6-9 and used to violate Code Section 16-6-9, relating to prostitution, shall be contraband and shall be subject to forfeiture; to define certain terms; to provide that certain persons shall not have a property right in motor vehicles which are declared to be contraband; to provide for exceptions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of motor vehicles, rights therein, and proceeds derived therefrom; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of sheriffs, law enforcement officers and prosecuting attorneys; to provide for service of process and notices; to provide that certain motor vehicles taken or detained are not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of motor vehicles; to provide for estimates of value; to provide for claims, hearings, and the determination of rights and interest in motor vehicles; to provide for temporary restraining orders; to provide for the sale or other disposition of motor vehicles interests therein; to provide for the jurisdiction and power of courts and the judges thereof; to provide that acquittal or dismissal in criminal proceedings precludes forfeiture; to provide for other matters related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by adding between Code Sections 16-6-13.1 and 16-6-14 a new Code Section 16-6-13.2 to read as follows:
"16-6-13.2.
(a) As used in this Code section, the term:
(1) 'Costs' means, but is not limited to:
(A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the motor vehicle; and
(B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section.
(2) 'Court costs' means, but is not limited to:

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(A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and
(B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section.

(3) 'Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.

(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9105 or the beneficiary of a perfected encumbrance pertaining to an interest in a motor vehicle.

(5) 'Motor vehicle' or Vehicle' means any motor vehicle as defined in Code Section 40-1-1.

(6) 'Owner' means a person, other than an interest holder, who has an interest in a motor vehicle and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.

(7) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.

(b)(l) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought by the prosecuting attorney having jurisdiction over any offense which arose out of the same conduct which made the motor vehicle subject to forfeiture. Such prosecuting attorney may bring an action pursuant to this Code section in the superior court in the county where the motor vehicle was seized or in the county where conduct occurred which made the motor vehicle subject to forfeiture.

(2) Any action brought pursuant to this Code section may be compromised or settled in the same manner as other civil actions.

(c) Any motor vehicle which was operated by a person, who has been convicted of or pleaded nolo contendere for two previous violations of Code Section 16-6-9 within five years, which is used to violate Code Section 16-6-9, relating to prostitution, or in which a violation of such Code section occurs is declared to be contraband and, except as otherwise provided in this Code section, no person shall have a property right in such motor vehicle.

(d) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that such owner or interest holder:

(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know of the conduct;

(2) Holds the motor vehicle jointly or in common with a person whose conduct gave rise to its forfeiture and such owner did not consent to such conduct and did not know of the conduct;

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(3) Does not hold the motor vehicle for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; or
(4) Acquired the interest:
(A) Before the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture:
(i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(ii) At the time the interest was acquired, was reasonably without cause to believe that the motor vehicle was subject to forfeiture or likely to become subject to forfeiture under this Code section.
(e) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture or consented to the conduct. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the seizing law enforcement agency shall immediately contact the company to inform it that the vehicle is available for the company to take possession.
(f)(l) A motor vehicle which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the motor vehicle. A search warrant authorizing seizure of a motor vehicle which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the motor vehicle has been the subject of a previous final judgment of forfeiture in the courts of this state. The court may order that the motor vehicle be seized on such terms and conditions as are reasonable.
(2) A motor vehicle which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the motor vehicle is subject to forfeiture under this Code section or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant.
(g)(l) When a motor vehicle is seized pursuant to this Code section, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecuting attorney of the county where the seizure was made.
(2) Within 30 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (1) or (m) of this Code section.
(3) If the state fails to initiate forfeiture proceedings against a motor vehicle seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the motor vehicle must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the motor vehicle is being held as evidence.

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(h)(l) Seizure of a motor vehicle by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the motor vehicle.
(2) When a motor vehicle is seized pursuant to this Code section, the prosecuting attorney, sheriff, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the motor vehicle but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs.
(3) Notice of seizure must include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged.
(i) A motor vehicle taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecuting attorney may authorize the release of the motor vehicle if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecuting attorney. An action under this Code section may be consolidated with any other action or proceeding under this title relating to the same motor vehicle on motion by an interest holder and must be so consolidated on motion by the prosecuting attorney in either proceeding or action. The motor vehicle is deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(j) If a motor vehicle is seized under this Code section, the prosecuting attorney may:
(1) Remove the motor vehicle to a place designated by the superior court having jurisdiction over the forfeiture proceeding;
(2) Remove the motor vehicle to a storage area, within the jurisdiction of the court, for safekeeping;
(3) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the motor vehicle and remove it to an appropriate location within the county where the motor vehicle was seized; or
(4) Require the sheriff or chief of police of the political subdivision where the motor vehicle was seized to take custody of the motor vehicle and remove it to an appropriate location for disposition in accordance with law.

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(k) As soon as possible, but not more than 30 days after the seizure of a motor vehicle, the seizing law enforcement agency shall estimate the value of the motor vehicle seized.
(1) If the estimated value of the motor vehicle seized is $25,000.00 or less, the prosecuting attorney may elect to proceed under the provisions of this subsection in the following manner:
(1) Notice of the seizure of such motor vehicle shall be posted in a prominent location in the courthouse of the county in which the motor vehicle was seized. Such notice shall include a description of the motor vehicle, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, and the violation of law alleged;
(2) A copy of the notice, which shall include a statement that the owner of such motor vehicle has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the motor vehicle at the time of seizure as provided in subsection (h) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecuting attorney by certified mail, return receipt requested;
(4) The claim must be signed by the owner or interest holder under penalty of perjury and must set forth:
(A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought;
(5) If a claim is filed, the prosecuting attorney shall file a complaint for forfeiture as provided in subsection (m) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the motor vehicle is forfeited to the state and the prosecuting attorney shall dispose of the motor vehicle as provided in subsection (s) of this Code section.
(m)(l) When a complaint is filed pursuant to this Code section, the motor vehicle which is the subject of the action shall be named as the defendant and the action shall be in rem. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the motor vehicle with reasonable particularity; state that it is located within the county or will be located within the county during the pen-

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dency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the motor vehicle was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who was in possession of the motor vehicle at the time of seizure:
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4;
(B) If the owner, interest holder, or person who was in possession of the motor vehicle at the time of seizure is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the motor vehicle resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service; and
(C) If a motor vehicle which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the motor vehicle.
(3) An owner of or interest holder in the motor vehicle may file an answer asserting a claim against the motor vehicle in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail;
(C) The nature and extent of the claimant's interest in the motor vehicle;
(D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the motor vehicle;
(E) The specific provision of this Code section relied on in asserting that the motor vehicle is not subject to forfeiture;
(F) All essential facts supporting each assertion; and
(G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized motor vehicle as provided for in this Code section.
(5) If an answer is filed, a hearing must be scheduled by the court to be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.

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(n) No person claiming an interest in a motor vehicle subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action.
(o) In conjunction with any civil or criminal action brought pursuant to this Code section:
(1) The court, on application of the prosecuting attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of a motor vehicle subject to forfeiture under this Code section, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on application of the prosecuting attorney, without notice or an opportunity for a hearing, if the prosecuting attorney demonstrates that:
(A) There is probable cause to believe that the motor vehicle with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this Code section; and
(B) Provision of notice would jeopardize the availability of the motor vehicle for forfeiture;
(3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the motor vehicle. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and
(B) The need to preserve the availability of the motor vehicle through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered;
(4) If a motor vehicle is seized for forfeiture without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the motor vehicle within 30 days after notice of its seizure or actual knowledge of such seizure, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecuting attorney where the motor vehicle was seized, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the motor vehicle then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the motor vehicle, the motor vehicle must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and
(5) The court may order a motor vehicle that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and:
(i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or

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(ii) Has an interest that the prosecuting attorney has stipulated is exempt from forfeiture;
(B) The interest holder must dispose of the motor vehicle by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and
(C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section.
(p) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere.
(q) In hearings and determinations pursuant to this Code section:
(1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing together with inferences therefrom;
(2) There is a rebuttable presumption that any motor vehicle of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that the person has engaged in conduct giving rise to forfeiture while using or operating said motor vehicle;
(3) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, the prosecuting attorney on behalf of the state must prove that the vehicle is subject to forfeiture pursuant to subsection (c) of this Code section by a preponderance of the evidence; and
(4) In any contested proceeding to determine if a motor vehicle should be forfeited as provided in this Code section, an owner of a property interest or interest holder must prove that the property is exempted from forfeiture pursuant to subsection (d) of this Code section by a preponderance of the evidence.
(r)(l) Any motor vehicle declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the motor vehicle after that time. Any motor vehicle or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (d) of this Code section.
(2) On entry of judgment for a person claiming an interest in the motor vehicle that is subject to proceedings to forfeit a motor vehicle under this Code section, the court shall order that the motor vehicle or interest in the motor vehicle be released or delivered promptly to that person.
(s)(l) When a motor vehicle is forfeited under this Code section, the court may:
(A) Order the motor vehicle to be sold, and the proceeds of such sale shall be used for payment of all expenses of the forfeiture and sale including, but not limited to, the expenses of seizure, towing, maintenance of custody, advertising, and court costs. The remainder of the proceeds of a sale of a forfeited motor vehicle, after

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payment of the expenses, shall be expended by the local governing authority for drug treatment, rehabilitation, prevention, or education or any other program which responds to problems created by drug or substance abuse; or
(B) Upon application of the seizing law enforcement agency or any other law enforcement agency of state, county, or municipal government permit the agency to retain the motor vehicle for official use in law enforcement work.

(2) Where a motor vehicle is to be sold pursuant to this subsection, the court may direct that such motor vehicle be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such motor vehicle; or
(B) Any commercially feasible means.

(t) An acquittal or dismissal in a criminal proceeding shall preclude civil proceedings under this Code section.

(u) For good cause shown, the court may stay civil forfeiture proceedings during the pendency of a related criminal action resulting from a violation of this chapter.

(v) This Code section must be liberally construed to effectuate its remedial purposes."

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

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Committee substitute to SB 148 as follows:
On page 1 by deleting on line 35, 36 and 37 the words "to provide that certain rented or leased vehicles are not subject to forfeiture"
and
On page 4 by deleting on line 16, 17, 18, 19, 20 and 24 the words "A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture or consented to the conduct."

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

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

Y Bunn Y Burkhalter Y Byrd Y Callaway N Campbell Y Cash Y Channell Y Childers Y Clark
N Coan
Y Coleman, B Y Coleman, T Y Connell Y Cooper N Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
Y Day N Dean Y DeLoach, B N DeLoach, G
Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart
Y Epps Evans
Y Everett N Felton
Y Floyd Y Franklin Y Golick Y Graves

Y Greene
Y Grindley Y Hammontree
Hanner Y Harbin
Y Harrell N Heard Y 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 N James Y Jamieson Y Jenkins
Jennings Y Jones Y Joyce Y Kaye Y Lane N Lewis
Lord Y Lucas N Maddox Y Mann Y Manning

Martin, J Martin, J.L Massey McBee
McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Parrish Parsons

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Pelote
Pinholster
Poag Ponder
Porter
Powell Purcell Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice
Richardson
Roberts

Y Rogers Y Royal Y Sanders Y Sauder N Scarlett
N Scheid Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims N Sinkfield N Skipper N Smith, B N Smith, C Y Smith, C.W Y Smith, L

Y Smith, L.E Y Smith, P Y Smith, T N Smith, V
Smyre Y Snelling Y Snow
N Squires
Y Stallings N Stancil
Stanley, P
Y Stanley-Turner Y Stephens Y Stokes N Stuckey N Taylor Y Teague N Teper

Y Tillman Y Tolbert N Trense
Turnquest Y Twiggs Y Unterman
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 adoption of the amendment, the ayes were 119, nays 45.
The amendment was adopted.
The following amendments were read and adopted:
Representative Martin of the 47th moves to amend the Committee substitute to SB 148 as follows: By adding after the comma after the word "years" on line 20 of page 3 the following:
"and".
Representatives Ragas of the 64th, Martin of the 47th, Stokes of the 92nd and Teper of the 61st move to amend the Committee substitute to SB 148 by inserting between lines 17 and 18 of page 1 the following:
"to provide for exceptions in certain cases when the vehicle subject to forfeiture is the only family vehicle;" By striking line 16 of page 4 and inserting in lieu thereof the following:
"(e)(l) A rented or leased vehicle shall not be subject to". By inserting between lines 27 and 28 of page 4 the following:
"(2) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once."
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:

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

JOURNAL OF THE HOUSE

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

Evans

Y Everett

Y Felton

N Floyd

N Franklin

Y Golick

Y Graves

Y Greene

N Grindley

N Hammontree

Y Hanner

Y Harbin

Y Harrell

Y Heard

N Heckstall

Y Hegstrom

Y Hembree

Y Henson

Yi"

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 N Joyce N Kaye Y Lane N Lewis Y Lord Y Lucas N Maddox N Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee Y McCall Y McClinton N 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 Y Randall Y Ray N Reaves N Reece Y Reed N Reese Y Reichert Y Rice N Richardson N Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott N Shanahan N 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, by substitute, as amended, the ayes were 138, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 Annotated, 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.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to specify additional sources which shall be used in carrying out revisions of jury lists on and after a specified date; to provide for state and local officials to make available lists of persons in the county holding drivers' licenses or identification cards issued by the Department of Public Safety; to establish procedures for the removal from the jury list of certain persons who are ineligible for jury duty because such persons have been convicted of a felony or declared mentally incompetent and whose voting rights have not been restored; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 1999

2125

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, is amended in Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2000, the board of jury commissioners shall make use of all of the following:
(A) A list of all residents of the county who are the holders of drivers' licenses or personal identification cards issued by the Georgia Department of Public Safety pursuant to the provisions of Article 5 of Chapter 5 of Title 40; and the Department of Public Safety shall periodically make such a list available to the board of jury commissioners of each county;
(B) The registered voters list in the county; and
(C) Any other list of persons resident in the county as may be deemed appropriate by the board of jury commissioners.
No jury list compiled prior to July 1, 2000, shall be rendered invalid by a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners."
SECTION 2.
Said article is further amended by adding between Code Section 15-12-40.1 and 15-12-41 a new Code Section 15-12-40.2 to read as follows:
"15-12-40.2.

It shall be the duty of the county board of registrars to provide the board of jury commissioners with a copy of the lists of persons who have been convicted of felonies in state or federal courts or who have been declared mentally incompetent and whose voting rights have been removed, which lists are provided to the county board of registrars by the Secretary of State pursuant to Code Section 21-2-231. Upon receipt of such list, it shall be the duty of the board of jury commissioners to remove such names from the trial and grand jury lists and to mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail."
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.

2126

JOURNAL OF THE HOUSE

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

Y Alien Y 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

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 Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L E 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
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

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 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 245. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for a 36 month review cycle for certain child support orders; to provide for a later review and modification in certain circumstances; to provide for notice to obligors and obligees of the right to request a review, notice of a review 30 days before the commencement of a review, and notice of a proposed adjustment or determination that there shall be no change.

The report of the Committee, which was favorable to the 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 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

Channell Childers Clark Coan Coleman, B 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 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
Holland Y Holmes Y Houston

MONDAY, MARCH 22, 1999

Y Howard Y Hudgens Y Hudson, H Y Hudson, N Y Hugley
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
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 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 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

2127
Y Stallings Y 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
Turnquest Y Twiggs Y Unterman
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 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed. 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 Annotated, relating to employment security, so as to enact the "Workforce Reinvestment 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 variations from standard rate.
The following amendment was read and adopted:
The Committee on Industrial Relations moves to amend SB 222 by striking from line 16 o"dnatpea"g. e 13 where it first appears the word "rate" and inserting in lieu thereof the word
By striking from line 21 on page 13 the following:
"Reduction", and inserting in lieu thereof the following:
"Increase". By striking from line 37 on page 13 the following:
"When",
and inserting in lieu thereof the following:
"Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when".

2128

JOURNAL OP THE HOUSE

The following amendment was read:

Representative Franklin of the 39th moves to amend SB 222 by striking "Contribution" or "contribution" and "Contributions" or "contributions" wherever the words appear and inserting in their place "Tax" or "tax" and "Taxes" or "taxes", respectively.
By inserting following the word and symbol "Ratio;" on line 17 of page 1 the following:

"to change all references from the words "Contribution" or "contribution" and "Contributions" or "contributions" to the words "Tax" or "tax" and "Taxes" or "taxes" wherever they appear in said chapter referring to contributions required under said chapter;".
By redesignating Section 9 as Section 10 and by inserting between lines 34 and 35 of page 18 the following:

"SECTION 9.
Said chapter is further amended by striking wherever such terms appear the words 'Contribution' or 'contribution' and 'Contributions' or 'contributions' and inserting in their place the words 'Tax' or 'tax' and 'Taxes' or 'taxes', respectively.

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 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
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
Ehrhart N Epps Y Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene
Grindley N 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
Irvin
Y Jackson, B N Jackson, L
James N Jamieson N Jenkins N Jennings Y Jones Y Joyce Y Kaye N Lane Y Lewis N Lord N Lucas
Maddox
N Mann N Manning N Martin, J N Martin, J.L E Massey N McBee N McCall N McClinton N McKinney N Millar Y Mills N Mobley N Morris
Mosley
Mueller
N O'Neal N Orrock N 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

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

On the adoption of the amendment, the ayes were 26, nays 139. The amendment was lost.

MONDAY, MARCH 22, 1999

2129

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
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 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 E 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
Sims Sinkfleld 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, E Wix Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 Speaker assumed the Chair. SB 231. By Senators Lee of the 29th and Bowen of the 13th:
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 recognize the reliability of laser speed detection devices; to provide for admissibility of results; to provide for self-authentication; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

2130
N Alien N 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 BuUoch
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 N 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 Y Banner 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
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
E Massey Y McBee Y 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

Y Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas N 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 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
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
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 7.

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

Due to a mechanical malfunction, the vote of Representative Smyre of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 following amendment was read:

Representative Buck of the 135th moves to amend SB 82 as follows: Pg. one - line 19 delete $15,000.00 and insert $10,000.00.

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

N Alien N Anderson N Ashe
Y Bailey Y Bannister N Barnard N Barnes
Y Benefield

Y Birdsong N Bohannon Y Bordeaux
Borders
N Bridges N Brooks N Brown Y Buck

Buckner
Y Bulloch N Bunn N Burkhalter Y Byrd N Callaway N Campbell N Cash

N Channell Y Childers N Clark N Coan
N Coleman, B Coleman, T
N Connell
N Cooper

N Cox Y Crawford N Cummings
N Davis, M
Y Davis, T N Day N Dean N DeLoach, B

Y 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 N Graves Y Greene
Grindley
N Hammontree N Hanner N Harbin Y Harrell N Heard N Heckstall N Hegstrom
N Hembree N Henson Y Holland N Holmes Y Houston

MONDAY, MARCH 22, 1999

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

McKinney
N Millar N Mills N Mobley Y Morris Y Mosley N Mueller Y O'Neal
Orrock
Y Parham
Parrish
N Parsons N Pelote
Pinholster
N Poag Y Ponder N Porter N Powell Y Purcell Y Ragas N Randall Y Ray Y Reaves Y Reece Y Reed N Reese Y Reichert N Rice

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

2131
Stallings Stancil Y Stanley, P Y Stanley-Turner N Stephens Y Stokes Y Stuckey Y Taylor Teague Y Teper N Tillman Tolbert N Trense N Turnquest Twiggs N Unterman Y Walker, L N Walker, R.L N Watson N West N Westmoreland N Whitaker N Wiles N Williams, J N Williams, R Y Wix N Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 53, nays 108.

The amendment was lost.

Representative Pelote of the 149th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The report of the Committee, which was favorable to the 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 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 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 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
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
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

2132
Y Shipp Y Sholar Y Sims Y 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 Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tkylor
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, the ayes were 168, nays 0.

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

By unanimous consent, SB 164 was postponed until tomorrow.
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.

The following amendment was read and adopted:

Representative Squires of the 78th moves to amend SB 110 by striking lines 23 through 25 of page 1 and inserting in their place the following:

"eligible for cash assistance until July 1, 1000 2001, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and".

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
Brooks Y Brown Y Buck Y Buckner N Bulloch N Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y 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
DeLoach, B Y DeLoach, G N 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 N Hammontree Y Hanner Y Harbin Y Hairell Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes N 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

Y Joyce N Kaye Y Lane N Lewis Y Lord Y Lucaa Y Maddox N Mann Y Manning Y Martin, J Y Martin, J.L E Massey Y McBee N McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris N Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves Y Reece Y Reed N Reese
Reichert Y Rice Y Richardson Y Roberts N Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan N Shaw

Y Shipp N Sholar Y Sims Y Sinkfield Y Skipper
Smith, B Y Smith, C N Smith, C.W Y Smith, L

MONDAY, MARCH 22, 1999

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 N Tolbert Y Trense
Y Turnquest Twiggs
Y Unterman Y Walker, L Y Walker, R.L Y Watson

2133
West Westmoreland Whitaker Wiles Williams, J Williams, R Wix Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 137, nays 28.

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

Representative Wiles of the 34th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, SB 66 was postponed until tomorrow.
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 paroles, so as to separate the State Board of Pardons and Paroles from the Department of Corrections for administrative purposes; to relieve the members of the board of their ex officio advisory roles to the Board of Corrections.

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister Y Barnard Y Barnes
Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell
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
Dodson Dukes Y Ehrhart Y Kpps 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 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
Jones
Y Joyce 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 McCHnton
McKinney Y Millar Y Mills

Mobley Morris
Mosley Mueller
OHeal 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

2134
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

Y Walker, L Y Walker, R.L
Watson

Y West Y Westmorland
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.
SR 150. By Senator Thompson of the 33rd:
A resolution designating the Fred Lee Brady Bridge.
The following substitute, offered by Representatives Crawford of the 129th and Sims of the 167th, was read and adopted:
A RESOLUTION
Designating a bridge on State Route 176 in the City of Powder Springs as the "Fred Lee Brady Bridge"; designating a bridge on State Route 135 in Coffee County as the "Herbert Eugene Belcher Memorial Bridge"; designating the J. Irvin Hendricks Highway; and designating the Johnnie L. Caldwell, Sr., Highway; and for other purposes.
PARTI
WHEREAS, Fred Lee Brady was born on July 16, 1907, the son of John Thomas and Mary Turner Brady; and
WHEREAS, he was united in marriage to the late Velma Mattox Brady and they were the loving parents of three children Lewis, Aubrey, and Allene; and
WHEREAS, Mr. Brady was a resident of Powder Springs, Georgia, for most of his 85 years of life; and
WHEREAS, he was a well respected businessman, having owned a cobbler shop, a furniture store, and retired as a grocery store owner; and
WHEREAS, he served admirably as a member of the Powder Springs City Council in 1951-1952 and as mayor pro tern in 1951; and
WHEREAS, Mr. Brady was an ordained Baptist preacher and was instrumental in starting and serving as pastor of the Corner Baptist Church in Powder Springs and the Hollydale Baptist Church in Marietta; and
WHEREAS, he served his community well and it is abundantly appropriate that he be remembered and honored.
PART II
WHEREAS, Herbert Eugene Belcher was born December 9, 1928, in Cuthbert, Georgia; and
WHEREAS, he enlisted in the United States Navy in 1946 and served his country with courage and distinction for over 20 years; and
WHEREAS, he was killed in combat in the Vietnam War on March 31, 1969, near Tra Cu, South Vietnam; and
WHEREAS, he was a beloved member of the community in Coffee County, where he was survived by his wife Maurice and four children; and
WHEREAS, the State of Georgia and his country owe a great debt of gratitude to this native son for his selfless sacrifice in military service.

MONDAY, MARCH 22, 1999

2135

PART III
WHEREAS, the late J. Irvin Hendricks of Yatesville, Georgia, was an outstanding Chairman of the Upson County Board of Commissioners for many years; and
WHEREAS, his vision and leadership were instrumental in developing and improving the road system of Upson County; and
WHEREAS, he was well known for his excellent skills in obtaining Department of Transportation funding for county road work; and
WHEREAS, his legacy of leadership in both road development and county management has been of inestimable value to the citizens of Upson County; and
WHEREAS, he traveled the road from his residence in Yatesville, Georgia, to the county courthouse in Thomaston, Georgia countless times in his tireless service to his constituents.

PART IV
WHEREAS, Johnnie L. Caldwell, Sr., served in the Georgia House of Representatives; and
WHEREAS, he was an outstanding Georgia Insurance Commissioner; and
WHEREAS, he was an exemplary public servant.
PARTY
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge constructed in 1998 on SR 176 at New Macland Road in the City of Powder Springs be designated the "Fred Lee Brady Bridge," and the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations so designating said bridge.
BE IT FURTHER RESOLVED that the bridge on Highway 135 at Douglas and Willacoochee Roads near the Bethel Baptist Church in Coffee County, Georgia, is designated as the "Herbert Eugene Belcher Memorial Bridge," and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating said bridge.
BE IT FURTHER RESOLVED that the part of State Highway 74 between the corporate limits of Thomaston and the corporate limits of Yatesville is designated the "J. Irvin Hendricks Highway" in honor of the late J. Irvin Hendricks and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the highway.
BE IT FURTHER RESOLVED that Highway 36 West from the City of Thomaston corporate limits to the Upson Talbot County boundary is hereby designated as the "Johnnie L. Caldwell, Sr., Highway" and that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so identifying the intersection.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution or appropriate portions thereof to the Department of Transportation and the families of Mr. Fred Lee Brady and Mr. Herbert Eugene Belcher.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution or appropriate portions thereof to the Board of Commissioners of Upson County, the family of J. Irvin Hendricks, the family of Johnnie L. Caldwell, Sr., and the Department of Transportation.

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JOURNAL OF THE HOUSE

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

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

Y Alien Y Anderson Y Ashe Y Bailey Y Bannister
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 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 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
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 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 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 Y Shaw Y Shipp Y Sholar Y Suns 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 Y league 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
Westmoreland Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
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 Annotated, 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 machines are available for commercial use and play by the public and their employees, agents, and representatives.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of coin operated amusement machines, so as to provide for definitions; to provide that an owner or operator of a business where amusement machines are available for commercial use and play by the public shall not derive more than 50 percent of an-

MONDAY, MARCH 22, 1999

2137

nual income at that business location from certain amusement machines; to authorize the state revenue commissioner to take certain licensing actions to enforce said provision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of coin operated amusement machines, is amended in Code Section 48-17-1 by inserting new paragraphs to be designated paragraph (2.1) and paragraph (4.1) to read as follows:
"(2.1) 'Business owner or business operator' means an owner or operator of a business where one or more bona fide coin operated amusement machines are available for commercial use and play by the public."
"(4.1) 'Net receipts' means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction of the amusement machine."
SECTION 2.
Said chapter is further amended by inserting a new Code section to be designated Code Section 48-17-15 to read as follows:
"48-17-15.

(a) No business owner or business operator shall derive more than 50 percent of such business owner's or business operator's annual income from the business location in which the amusement machine or machines are situated from amusement machines that provide for noncash redemption as described in subsection (c) or (d) of Code Section 16-12-35.

(b) In accordance with the provisions of Code Section 48-17-4 and the procedures set out in Code Sections 48-17-5 and 48-17-6, the commissioner may refuse to issue or renew a master license or may revoke or suspend a master license for repeated violations of subsection (a) of this Code section."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Y Buckner Y Bulloch Y Bunn Y Burkhalter
Y Byrd N Callaway Y Campbell
Cash
Y Channell
N 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 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 Y Henson Y Holland Y Holmes Y Houston
Howard Y Hudgens

2138
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
Martin, J Y Martin, J.L

JOURNAL OF THE HOUSE

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 Y Ponder Y Porter Y Powell

Y Purcell Y Ragas
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 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 Tolbert
Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, RX
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 163, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 205. By Senators Walker of the 22nd, Fort of the 39th, Cheeks of the 23rd and others:
A bill to amend Chapter 8A of Title 43 of the Official Code of Georgia Annotated, 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 authorize the commission to designate a nationally recognized boxing registry.

The report of the Committee, which was favorable to the 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
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
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
Jennings Y Jones

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 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
Skipper
Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

MONDAY, MARCH 22, 1999

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 Tolbert Y Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson

2139
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 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
SB 218. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to imposition of probation in criminal cases, so as to provide for the imposition of a new one-time fee when a defendant is placed on probation or another program under the supervision of the Department of Corrections.

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

On the passage of the Bill, the 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 N 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 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 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
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 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 174, nays 1.

2140

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.
SB 242. By Senators Thompson of the 33rd, Tanksley of the 32nd and Stokes of the 43rd:
A bill to amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to the creation and composition of the Board of Public Safety, so as to change the composition of such board; to provide for the appointment and terms of office of new members of such board; to make editorial revisions; to provide an effective date.

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

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

Alien 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
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
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 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
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley N Mueller Y OTSIeal 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
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
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
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 N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 12.
The Bill, having received the requisite constitutional majority, was passed. HR 522. By Representatives Buckner of the 95th, Cooper of the 31st, Heard of the
89th, Childers of the 13th, Manning of the 32nd and others: A resolution urging His Excellency Governor Roy E. Barnes to direct appropriate state officials to monitor lengths of stays and appropriateness of discharges from inpatient treatment for patients who have undergone mastectomies, lymph node dissections, or prostate surgery.
The following amendment was read and adopted:

MONDAY, MARCH 22, 1999

2141

The Committee on Health and Ecology move to amend HE 522 as follows:
On page 1, line 19, delete the word "agreement" and substitute in lieu thereof the following:

"consultation" so as to read:

"a clinical decision made by a physician in consultation with..."

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
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 Y Evans Y Everett Y Felton Y Floyd Y 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 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 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 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

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, as amended, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
By unanimous consent, SB 50 was postponed until tomorrow. 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".

2142

JOURNAL OF THE HOUSE

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

On the adoption of the Resolution, the roll call was ordered and the vote was as 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 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 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 Y Epps Y Evans Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene
Grindley Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall
Hegstrom
Y Hembree Y Henson Y Holland
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 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 Y McKinney Y Millar Y Mills
Mobley
Y Morris Y Mosley
Mueller Y (XNeal
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
Y Reece Y Reed Y Reese Y Reichert Y Rice Y Richardson
Y Roberts Y Rogers
Y Royal Y Sanders
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
Stuckey
Y Taylor
Teague
Teper Y Tillman
Y Tolbert 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, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: 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.
Representative Franklin of the 39th moved that the House insist on its position in disagreeing to the Senate amendment to HB 6 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.

MONDAY, MARCH 22, 1999

2143

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Franklin of the 39th, Alien of the 117th and Reichert of the 126th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 230. By Representatives Stuckey of the 67th, Snow of the 2nd, Cooper of the 31st and others:
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.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 356. By Representatives Porter of the 143rd, Parham of the 122nd, Channell of the lllth and others:
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.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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 passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
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.

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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".
The Senate has agreed to House amendment #1, and House amendment #2 as amended by the Senate to the following bill of the Senate:
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Thomas of the 10th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its members; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".
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 438 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman
Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 152 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

MONDAY, MARCH 22, 1999

2145

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto:
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.

The following Senate amendment was read:

Amend HB 852 by striking lines 27 and 28 of page 1 and inserting in their place the following:

"a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that the".

Representative Sinkfield of the 57th moved that the House agree to the Senate amendment to HB 852.

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 Benefleld
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 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
Grindley Y Hammontree
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 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 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 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 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 Whi taker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 167, nays 0.

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The motion prevailed.
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 Senate substitute was read:
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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (3) of Code Section 33-20A-3, relating to definitions relative to managed health care plans, and inserting in lieu thereof the following:
"(3) 'Health care provider' or 'provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, clinical social worker, advance practice nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8, occupational therapist, speech language pathologist, audiologist, dietitian, or physician's assistant."
SECTION 2.
Said title is further amended by adding a new Code Section 33-24-27.2 to read as follows:
"33-24-27.2.
(a) Notwithstanding any provisions in policies or contracts which might be construed to the contrary, from and after July 1, 1999, all individual, group, or blanket policies of accident and sickness insurance and individual or group service or indemnity contracts issued by nonprofit corporations or by health care corporations which are issued, delivered, issued for delivery, amended, or renewed in this state and which provide coverage for services which are within the lawful scope of practice of an athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 435-8 shall be deemed to provide that any person covered under such policies or contracts shall be entitled to receive reimbursement for services under such policies or contracts regardless of whether such services are rendered by a duly licensed doctor of medicine or by an athletic trainer qualified pursuant to paragraph (1) or (2) of subsection (a) of Code Section 43-5-8. Nothing contained herein shall require an insurance to offer such coverage.
(b) This Code section shall not be construed so as to impair the obligation of any policy or contract which is in existence prior to July 1, 1999."

MONDAY, MARCH 22, 1999

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 114th moved that the House agree to the Senate substitute to HB 93.

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
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 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 Y Dix Y Dixon Y Dodson Y Dukes
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 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 N 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 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 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
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
Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 164, nays 1.
The motion prevailed. 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.
The following Senate substitute was read:
A BILL

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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 inmate 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 jailer or a law enforcement officer to desist from such activity; to prohibit a person from giving weapons, intoxicants, drugs, or other items to inmates without consent of the 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 jailer or a law enforcement officer; to make it unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol, a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer; to provide an exception under certain conditions with respect to prescription medicines; to provide 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 jailer 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.
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 st Schcdulca III through V of Code Sections 16 13 37 through 16' 13 30 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 operated by a county, municipality, or a regional jail authority as authorized under Article 5 of this chapter.
(5) 'Jailer' means the sheriff in the case of any county jail, or 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.
(b)(l) It Unless otherwise authorized by law, it shall be unlawful for an inmate of a jail to possess any controlled substance, dangerous drug, gun, pistol, or other dangerous weapon or jy marijuana in a quantity of one ounce or leaa.

MONDAY, MARCH 22, 1999

2149

(2) 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 this subsection, possession of a controlled substance, a dangerous drug, or marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (1)(A) of this subsection.

(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 jailer when such use or dispensing 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)(A) 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 aleoholic beverage, controlled substance, dangerous drug, or any marijuana, in a quantity of one ounce or leas, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the sheriff or the ahcrifTo designated rcprcacn tativc or a detention facility administrator or bia or her dcaigncc jailer or a law enforcement officer.; provided, however, that the proviaions of this aubacction shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or pricat in aacramcntal services only.
ny at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage without the knowledge and consent of the jailer or a law enforcement officer; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only.

(2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates paragraph 1 subparagraph (1)(A) 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. Any person who violates subparagraph (1KB) of this subsection shall be guilty of a misdemeanor.

(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; provided, however, that the provisions of Code Section 16-13-2 shall not apply to a violation of subparagraph (1)(A) of this subsection.

(e) It shall be unlawful for any person to obtain, to procure for, or to give to an inmate, or to bring within the guard lines, any other article or item without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.

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(f)(l) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of a controlled substance, dangerous drug, or marijuana without the knowledge and consent of the jailer or a law enforcement officer unless such person has a valid prescription for such controlled substance or dangerous drug issued by a person licensed under Chapter 11 or 34 of Title 43 and such prescribed substance is consumed only as authorized by the prescription. Any person convicted of a violation of this subsection shall be punished by imprisonment for not less than one nor more than four years.

(2) It shall be unlawful for any person to come inside the guard lines or be within any jail while under the influence of alcohol without the knowledge and consent of the jailer or a law enforcement officer. Any person violating this subsection shall be guilty of a misdemeanor.

(g) It shall be unlawful for any person to loiter where inmates are assigned after having been ordered by the jailer or a law enforcement 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 commit 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) Perimeterjjgauard lines shall be established at every jail by the jailer thereof. Such guard lines shall be clearly markeid by signs on which shall be plainly stamped or written: 'Guard line of.________~S_i_gn_s_s_ha_ll_a_lso_b_e pl_ac_ed a_t _all e_nt_ranc_e_s an_ d 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 on July 1, 1999.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Cooper of the 31st moved that the House agree to the Senate substitute to HB 128.

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
Birdsong Y Bohannon Y Bordeaux
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 Y 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 Hanner Y Harbin Y 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
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

MONDAY, MARCH 22, 1999

2151

Y McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
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 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
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
Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 167, nays 0.
The motion prevailed. 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.
The following Senate substitute was read: 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; to provide for the rights, powers, and responsibilities of professional employer organizations; 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 Section 34-7-6 to read as follows:
"34-7-6.
(a) As used in this Code section, the term 'professional employer organization' means an employee leasing company as defined in Code Section 34-8-32 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 responsibility 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 coemployers and their employees.

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(c) A coemployer of a professional employer organization shall retain sufficient direction and control over the employees involved in a coemployment relationship as is necessary 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 considered to be an employer for licensing purposes. The professional employer organization shall give written notice of such an agreement to the appropriate licensing agency and to the employees involved.

(d) It is the intent of this Code section that professional employer organizations shall be considered to be employers under this title and are required to comply with the provisions of Code Sections 34-8-32, 34-8-34, and 34-8-172. Professional employer organizations and their coemployer clients are entitled to exclusive remedy under Code Section 34-9-11."

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

Representative Byrd of the 170th moved that the House agree to the Senate substitute to HB 561.

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
Birdsong Y Bohannon
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
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
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 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 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 Y 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 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
Stuckey
Y Taylor Teague 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 motion, the ayes were 162, nays 1.

MONDAY, MARCH 22, 1999

2153

The motion prevailed.
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 drugfree commercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
The following Senate substitute was read:

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; 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 16-13-32.6 of the Official Code of Georgia Annotated, relating to establishment of drug-free commercial zones and punishment of unlawful conduct therein, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:

"(f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) of this Code section aa of January 1, 1006 on or before March 1, 1999."

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

The following amendment was read and adopted:

Representative Smith of the 91st moves to amend the Senate substitute to HB 287 by striking from line 21 on page 1 the following:

"March 1, 1999", and inserting in lieu thereof the following:

"March 22, 1999".

Representative Channell of the lllth moved that the House agree to the Senate substitute, as amended by the House, to HB 287.

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

Barnes Y Benefield
Birdsong

Y Bohannon Bordeaux
Y Borders

Y Bridges Y Brooks
Brown

2154
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 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 Kvans

JOURNAL OF THE HOUSE

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
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 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
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 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
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 motion, the ayes were 162, nays 0.
The motion prevailed. 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 following Senate amendment was read:
Amend HB 185 by inserting on line 8 of page 1 before the words "to provide", the following:
"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 granting of any application for a permit for any applicant who uses or proposes to use aquifer storage or recovery of surface water; to prohibit diversion, recharging, or placing water withdrawn pursuant to a permit into any aquifer; to provide for a definition; to provide for automatic repeal;" By inserting immediately following line 35 of page 2 the following:
"SECTION 4. 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:

MONDAY, MARCH 22, 1999

2155

'(p)(l) The director shall not grant any 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 pursuant 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 "aquifer" shall have the meaning set out in Code Section 12-5-92. This subsection shall be automatically repealed December 31, 2004.

(2) The provisions of this subsection shall apply only for permits requested in a coastal area, as such term is defined in paragraph (4) of Code Section 12-5-322."'
By redesignating Sections 4 and 5 as Sections 5 and 6, respectively.

The Speaker has ruled the Senate amendment not germane, therefore the House has disagreed to the Senate amendment.

The Speaker Pro Tern assumed the Chair.
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 Annotated, 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 violations of that standard.

The following Senate amendment was read:

Amend HB 732 by adding on line 9 of page 2 after the word "injury" the following:

"or death". By striking line 24 on page 2 and inserting in its place the following:

"care entity. This Code section shall not create any liability on the part of an employee organization, a voluntary employee beneficiary organization, or a similar organization, unless such organization is the enrollee's managed care entity and makes coverage determinations under a managed care plan."

Representative Smith of the 175th moved that the House agree to the Senate amendment to HB 732.

On the motion, 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 Bordeaux 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
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
Banner 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

2156
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

JOURNAL OF THE HOUSE

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

On the motion, the ayes were 161, nays 0.
The motion prevailed.
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.
The following Senate substitute was read:
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; to provide for the circumstances 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 an exception; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating 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 research data is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research

MONDAY, MARCH 22, 1999

2157

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 'confidential raw research data' means 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:
(1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and
(2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results.
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.
(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 administrative, civil, criminal, or other judicial proceeding in any court except as otherwise provided in subsection (d) of this Code section.
(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 person 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 person 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;
(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 subdivision 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 reviewing the researcher's study methodology, summaries, findings, analyses, or conclusions; 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, including but not limited to any judicial or quasi-judicial proceeding in which a research 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, unless the researcher or sponsor is a defendant in the case;

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JOURNAL OF THE HOUSE

(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; and

(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 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."

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.

Representative Stokes of the 92nd moved that the House agree to the Senate substitute to HB 560.

On the motion, 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 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
Connell
Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T
N 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
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 OTMeal 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
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
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 Wix
Y Yates Murphy, Spkr

On the motion, the ayes were 167, nays 1.

MONDAY, MARCH 22, 1999

2159

The motion prevailed.
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.
The following Senate substitute was read:
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 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 uniform 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.
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 provisions 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 police chief of a local law enforcement agency with the approval of the local 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 control. With the approval of the 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 provided 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 traffic, 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 police 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 authority to direct, control, or regulate traffic."

2160

JOURNAL OF THE HOUSE

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 152nd moved that the House agree to the Senate substitute to HB 165.

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
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 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 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
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
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 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
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 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 motion, the ayes were 168, nays 0.
The motion prevailed. 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 following Senate amendment was read:
Amend HB 55 by adding in the title on line 6 of page 1 between the semicolon and the word "to" the following:

MONDAY, MARCH 22, 1999

2161

"to change certain provisions regarding the exemption of certain sales of objects of art and artifacts; to exempt certain sales of art to or for the use by certain tax-exempt organizations;".
By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively, and inserting between lines 9 and 10 on page 2 a new Section 2 to read as follows:

"SECTION 2.
Said Code section is further amended by striking paragraph (14) and inserting in its place a new paragraph (14) to read as follows:

'(14) The anlc or use within this state Sales of objects of art and of anthropological, archeological, geological, horticultural, or zoological objects or artifacts and other similar tangible personal property to or for the use by any museum or organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code of such tangible personal property for display or exhibition in the a museum within this state when the museum is open to the public and has been approved by the commissioner as an organization eligible to receive tax deductible contributions;'".

The following amendment was read:

Representative Kaye of the 37th moves to amend the Senate amendment to HB 55 as follows:
Insert after line 26
Said code section is further amended by striking paragraph (50) to read as follows:

"(50) Sales of blood measuring devices or other monitoring equi pment used exclusively by diabetics and sales of insulin, insulin syringes, insulin delivery systems, and blood glucose level measuring strips dispensed without a prescription;".

On the adoption of the Kaye amendment, to the Senate 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
Bulloch Y Bunn N Burkhalter N Byrd Y Callaway
Campbell Y Cash N Channell N Childers Y Clark Y Coan Y Coleman, B N Coleman, T

Connell
Y Cooper Y Cox N Crawford N Cummings Y Davis, M N Davis, T
N Day Y Dean N DeLoach, B Y DeLoach, G Y Dix Y Dixon N Dodson Y Dukes Y Ehrhart
N Epps Y Evans Y Everett Y Felton N Ployd Y Franklin Y Golick Y Graves N Greene Y Grindley Y Hammontree N Manner Y Harbin N Harrell

N Heard N Heckstall Y Hegstrom Y Hembree
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 Y Lewis Y Lord N Lucas Y Maddox Y Mann N Manning

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

N Reed
N Reichert
Y Rice Y Richardson
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 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

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JOURNAL OF THE HOUSE

N Snow
Y 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 N Trense N Turnquest N Twiggs Y Unterman

N Walker, L Y Walker, R.L N Watson
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 68, nays 102.

The amendment was lost.
Representative Buck of the 135th moved that the House agree to the Senate amendment to HB 55.
On the motion, the roll call was ordered and the vote was as follows:

Y Alien Y Anderson
Ashe
Y Bailey Bannister
Barnard
Y Baraes 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
Coleman, B
Y Coleman, T Connell
Y Cooper
Y Cox Y Crawford Y Cuiumings Y Davis, M

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 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
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 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 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 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 motion, the ayes were 166, nays 0.
The motion prevailed.
The Speaker assumed the Chair. 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.

MONDAY, MARCH 22, 1999

2163

Representative Walker of the 87th moved that HB 577 be placed upon the table.

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

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

Y Davis, T Y Day N Dean N DeLoach, B N DeLoach, G N Dix Y Dixon N Dodson N Dukes
Ehrhart
N Bpps Y Evans N Everett N Felton
N Floyd N Franklin Y Golick
Y Graves N 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 N Houston N Howard N Hudgens N Hudson, H N Hudson, N

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

N Pelote
Y Pinholster N Poag N Ponder N Porter N Powell Y Purcell
N Ragas Y Kandall N Ray
N Reaves N Reece Y Reed N Reese Y Reichert N Kice
Y Richardson N Roberts
Rogers N Royal Y Sanders Y Sauder N Scarlett
Scheid Y Scott
N Shanahan Y Shaw Y 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 Y Smith, P N Smith, T Y Smith, V Y Smyre Y Snelling N Snow N Squires N Stallings Y Stancil N Stanley, P N Stanley-Turner Y Stephens Y Stokes N Stuckey
Y Taylor N Teague N Teper
Tillman
Y Tolbert Y Trense N Turnquest
N Twiggs Y Unterman N Walker, L Y Walker, R.L Y Watson N West Y Westmoreland N Whitaker Y Wiles Y Williams, J Y Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 68, nays 103.
The motion was lost.
The following Senate amendments were read: Senate Amendment No. 1
Amend HB 577 by adding at the end of line 3 of page 1 the following:
"to provide for an effective date;". By adding before the period on line 26 of page 1 the following:
", and the minimum number of such hours shall be 36 hours unless the board gives written notice prior to that date to each licensed doctor of optometry of a different number of such hours required for biennial license renewal". By adding between line 33 of page 1 and line 1 of page 2 the following:
"SECTION 1.1. This Act shall become effective January 1, 2000."
Senate Amendment No. 2 Amend HB 577 by adding between lines 6 and 7 of page 1 the following:

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JOURNAL OF THE HOUSE

"Code Section 43-30-1 of the Official Code of Georgia Annotated, relating to optometry definitions, is amended by adding at the end of paragraph (2) thereof new subpara-
graphs to read as follows:

'(I) Therapeutically licensed optometrists shall have the authority to prescribe and administer all oral and topical pharmaceutical agents rational to the diagnosis, management, or treatment of diseases and conditions of the eye and adnexa oculi except those listed in Schedules I and II of Article 2 of Chapter 13 of Title 16, the "Georgia Con-
trolled Substances Act."

The following amendment was read:

Representative Dixon of the 168th et al. move to amend Senate Amendment No 2 to HB 577 by striking lines 1 through 7 thereof.

On the adoption of the House amendment, to Senate amendment No. 2, the roll call was ordered and the vote was as follows:

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

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

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

Y Pelote Y Pinholster N Poag N Ponder N Porter N Powell Y Purcell N Ragas Y Randall N Ray Y Reaves N Reece Y Reed Y Reese Y Reichert N Rice Y Richardson N Roberts
N Royal Y Sanders Y Sauder N Scarlett
Scheid Y Scott N Shanahan Y Shaw Y Shipp N Sholar N Sims Y Sinkfield N Skipper Y Smith, B Y 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 93, nays 81.
The amendment was adopted. Representative Porter of the 143rd moved that the House reconsider its action in adopting the House amendment to Senate amendment No. 2.
On the motion, the roll call was ordered and the vote was as follows:

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

MONDAY, MARCH 22, 1999

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

N Hugley N Irvin Y Jackson, B N Jackson, L Y James Y Jamieson Y Jenkins N Jennings Y Jones Y Joyce Y Kaye Y Lane N Lewis N Lord Y Lucas N Maddox N Mann N Manning Y Martin, J N Martin, J.L Y Massey
McBee Y McCall N McClinton N McKinney N Millar E Mills
Y Mobley
Y Morris
N 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 N Purcell Y Eagas N Randall Y Ray N Reaves Y Reece Y Reed N Reese N Reichert Y Rice N Richardson
Y Roberts Rogers
Y Royal
N Sanders
N Sauder
Y Scarlett
Scheid
N Scott N Shanahan N Shaw N Shipp Y Sholar Y Sims N Sinkfield Y Skipper N Smith, B Y Smith, C N Smith, C.W Y Smith, L

2165
N Smith, L.R N Smith, P Y Smith, T N Smith, V N Smyre N Snelling N Snow Y Squires Y Stallings N Stancil Y Stanley, P Y Stanley-Turner N Stephens N Stokes N Stuckey N Taylor Y Teague Y Teper N Tillman N Tolbert N Trense N Turnquest Y 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 N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 79, nays 94.

The motion was lost.

Representative Bordeaux of the 151st moved that the House agree to the Senate amendments, as amended by the House, to HB 577.

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

Y Alien N 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 Y Buck Y Buckner Y Bulloch Y Bunn Y Burkhalter Y Byrd
Y 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 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 Y 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 Y Jackson, B Y Jackson, L Y James
Y Jamieson Y Jenkins Y Jennings N Jones Y Joyce
N Kaye Y Lane N Lewis Y Lord
N Lucas
Y Maddox Y Mann Y Manning
Y Martin, J
Y Martin, J.L

N Massey Y McBee N McCall Y McClinton
Y McKinney Y Millar E 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

2166
Y Ragas Y Randall f Ray Y Reaves Y Reece Y Reed
Reese Y Reichert Y Rice Y Richardson Y Roberta
Rogers Y Royal

JOURNAL OF THE HOUSE

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

N 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 N 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, 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 motion, the ayes were 161, nays 11.
The motion prevailed.
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.
The following Senate substitute was read:
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 delete an obsolete definition; to change or clarify certain definitions, including definitions for employee, gross receipts, location or office, and regulatory fees; to provide that owners and operators of bona fide coin operated machines, owners and operators of businesses where bona fide coin operated amusement machines are available for commercial use, and certain merchants or dealers as to certain deliveries in areas zoned for commercial use are not subject to regulatory fees of local governments; to authorize local governments to request payment of occupation taxes for practitioners and accept such payment from partnerships or corporations composed of practitioners; to change provisions relating to occupation tax on a business or practitioner with an office or location in more than one jurisdiction; to provide for the burden of proof; to change confidentiality provisions; to provide for reporting omission of taxpayer identification numbers to the Revenue Commissioner; to change provisions relating to the time for paying occupation tax and regulatory fees; to provide that payment of regulatory fees is a condition precedent for transacting business or practicing a profession; to provide for exceptions; to provide that certain practitioners who commence business on or after July 1 shall receive no reduction in the amount of occupation tax in certain circumstances; to change provisions relating to remedies for failure or refusal to pay occupation taxes and regulatory fees; to clarify that executions may be issued for any penalty or interest on such taxes and regulatory fees; to provide for a civil fine not to exceed $500.00; to remove a provision relating to criminal prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 22, 1999

2167

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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, is amended by striking Code Section 48-13-1, relating to a definition of "in towns and cities," and inserting in lieu thereof the following:
"48-13-1.

Ao uacd in thia chapter, the term 'in towna or cities' mcana within one mile of villages, towns, or citica Reserved."
SECTION 2.
Said article is further amended by striking in their entirety paragraphs (1.1), (2), (3), and (6) of Code Section 48-13-5, relating to definitions, and inserting in lieu thereof the following:
"(1.1XA) 'Employee' Except as otherwise provided in subparagraph (B) of this paragraph, 'employee' means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099.
(B) An individual who performs work under the direction and supervision of one business or practitioner in accordance with the terms of a contract or agreement with another business which recruits such individual is an employee of the business or practitioner which issues to such individual for purposes of documenting compensation a form I.R.S. W-2.
(2)(A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following:
(i) Total income without deduction for the cost of goods sold or expenses incurred;
(ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness;
(iii) Proceeds from commissions on the sale of property, goods, or services;
(iv) Proceeds from fees charged for services rendered; and
(v) Proceeds from rent, interest, royalty, or dividend income.
(B) Gross receipts shall not include the following:
(i) Sales, use, or excise taxes;
(ii) Sales returns, allowances, and discounts;
(iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(l), between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities;
(iv) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue;
(v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts; and

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(vi) Proceeds from sales to cuotomcra outside the atatc of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt.
(3) 'Location or office' shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. The renter's or lessee's location which is the site of personal property which is rented or leased from another does not constitute a location or office for the personal property's owner, lessor, or the agent of the owner or lessor. The site of real property which is rented or leased to another does not constitute a location or office for the real property's owner, lessor, or the agent of the owner or lessor unless the real property's owner, lessor, or the agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at such site or otherwise conducts any other business, profession, or occupation at such site."
"(6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee or registration fee. No local government is authorized to require any administrative fee, registration fee, or fee by any other name in connection with a regulatory fee, except an occupation tax, as defined in paragraph (4) of this Code section. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development."
SECTION 3.
Said article is further amended in Code Section 48-13-9, relating to regulatory fees, by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following:
(1) Lawyers;
(2) Physicians licensed under Chapter 34 of Title 43;
(3) Osteopaths licensed under Chapter 34 of Title 43;
(4) Chiropractors;

(5) Podiatrists;

(6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veterinarians;

MONDAY, MARCH 22, 1999

2169

(10) Landscape architects;
(11) Land surveyors;
(12) Practitioners of physiotherapy;
(13) Public accountants;
(14) Embalmers;
(15) Funeral directors;
(16) Civil, mechanical, hydraulic, or electrical engineers;
(17) Architects;
(18) Marriage and family therapists, social workers, and professional counselors;
(19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622;
(20) Owners or operators of bona fide coin operated amusement machines, as defined in Code Section 48-17-1, and owners or operators of businesses where bona fide coin operated amusement machines are available for commercial use and play by the public, provided that such amusement machines have affixed current stickers showing payment of annual permit fees, in accordance with Code Section 48-17-9;
(21) Merchants or dealers as defined in Code Section 48-5-354 as to their deliveries to businesses and practitioners of professions and occupations in areas zoned for commercial use; and
(30X22) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments."
SECTION 4. Said article is further amended in Code Section 48-13-10, relating to methods of determining the amount of occupation tax, by inserting a new subsection to be designated subsection (h) to read as follows:
"(h)Notwithstanding any other provision in this article, any local government levying an occupation tax is authorized to request payment of such occupation tax from and accept payment from a partnership, corporation, or other business entity composed of practitioners subject to the election set out in subsection (g) of this Code section for each such practitioner."
SECTION 5. Said article is further amended by striking in its entirety Code Section 48-13-14, relating to businesses or practitioners with locations or offices in more than one jurisdiction, and inserting in lieu thereof the following:
"48-13-14.

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JOURNAL OF THE HOUSE

(a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts as defined in paragraph (2) of Code Section 48-13-5 of the business or practitioner for occupation tax purposes in accordance with one of the following methods:
(1) Where the business or practitioner can reasonably allocate the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufactured in that location or office or acrviec the sales or other services provided for compensation in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or
(2) Where the business or practitioner cannot reasonably allocate the dollar amount of gross receipts cannot rcaaonably be allocated among multiple locations or offices, the total business or practitioner shall divide the gross receipts shall be divided reported to all local governments in this state by the number of locations or offices of the business or practitioner which contributed to the gross receipts reported to any local government in this state, and shall allocate an equal percentage of the total such gross receipts of the business or practitioner 3hall be allocated to each location or office.
(b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner.
(c) In the event of a dispute between the business or practitioner and the local government as to the allocation under this Code section, the business or practitioner shall have the burden of proof as to the reasonableness of this allocation.
(eXd) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following:
(1) Financial information necessary to allocate the gross receipts of the business or practitioner; and
(2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments.
(dXe) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occupation tax."

MONDAY, MARCH 22, 1999

2171

SECTION 6.
Said article is further amended by striking in its entirety Code Section 48-13-15, relating to confidentiality of information, and inserting in lieu thereof the following:
"48-13-15.

(a) Except as provided in subsection (c) of this Code section, information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50.
(b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor.
(c) Information on gross receipts received by a business or practitioner of an occupation or profession provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax.
(d) In the event a taxpayer completes one or more forms in order to comply with a local government's ordinance or resolution imposing either an occupation tax or a regulatory fee and any such form fails to disclose the social security number or the appropriate federal or state taxpayer identification number, or other identification numbers, if required by the local government, such omission shall be reported in a timely manner to the state revenue commissioner."
SECTION 7.
Said article is further amended by striking in their entirety Code Section 48-13-20, relating to time for payment, Code Section 48-13-22, relating to the amount of tax due from businesses commenced on or after July 1, and Code Section 48-13-26, relating to executions and criminal prosecution, and inserting in lieu thereof the following:
"48-13-20.

(a) All license fcca and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually e within 30 days following January 1, or such other date specified in the local government ordinance imposing the foes and taxes. In the event that any person commences business on any date after January 1 in any year or after the date specified in this Code section or in the local government ordinance imposing the fees and taxes tax, the tax shall be due and payable on the date of the commencement of the buainess 30 days following the commencement of the business.
(b) Regulatory fees authorized by this chapter shall be paid before commencing business or the practice of a profession as a condition precedent for transacting business, or practicing a profession.
(c) Regulatory fees may be paid after commencing business or the practice of a profession when:
(1) The work done or services provided are necessary for the health or safety of one or more individuals;

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JOURNAL OF THE HOUSE

(2) The work done or services provided have no adverse effect on any other person; and
(3) Regulatory fees are tendered to the local government within two business days after commencing business or the practice of a profession." "48-13-22.

When any person commences business on or after July 1 in any year, the business or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; aael (2) the administrative fee authorized as a component of an occupation tax by subsection (e) of Code Section 48-13-10 shall not be reduced; and (3) a practitioner of a profession or occupation who elects as his or her occupation tax the amount described in paragraph (2) of subsection (g) of Code Section 48-13-10 shall receive no reduction in such amount."
"48-13-26.

(a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and liccnac regulatory fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for any or all of the following: the amount of the taxes or fees due when the taxes or fees become due; any penalty imposed by subsection (a) of Code Section 48-13-21; and any interest imposed by the local ordinance in accordance with subsection (b) of Code Section 4813-21. The court of competent jurisdiction for the enforcement of ordinances of the local government which has levied the tax or imposed the fee may, if authorized by the local ordinance, impose a civil fine for failure to pay the occupation tax or regulatory fee. Such a civil fine shall not exceed $500.00 and may be enforced by the contempt power of the court.
(b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fcca or by refusing to register shall be in addition to the remedy of ioouing cKccutiona againot delinquent taxpaycro ao authorised by oub acction (a) of this Code section."
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.

Representative Jamieson of the 22nd moved that the House agree to the Senate substitute to HB 459.

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 E 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
Davis, M Y Davis, T
Y Day 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 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

MONDAY, MARCH 22, 1999

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 Y McClinton Y McKinney
Y Millar E 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 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
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
Snelling
Y Snow Y Squires Y Stallings Y Stancil

2173
Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert E Trense Y Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland
Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix
Yates
Murphy, Spkr

On the motion, the ayes were 158, nays 0.
The motion prevailed.
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 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.

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

Alien Anderson Ashe Bailey Bannister Barnard Benefield Birdsong Bohannon Borders Bridges Brooks Brown Buck Buckner Bulloch E Bunn Burkhalter Byrd Callaway Cash Channell Childers Coleman, B 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 Heard Holland Houston Howard Hudgens Hudson, N

Hugley Jackson, B Jackson, L James Jenkins Jennings Joyce Kaye Lewis Lord Lucas Mann Manning Martin, J Martin, J.L McBee McCall Millar Mills Morris Mosley Mueller O'Neal Orrock Parham Parsons

Pelote Pinholste: Poag Powell Purcell Ray Reaves Reed
Reichert Rice Richardson Royal Sanders Sauder Scarlett Scheid Scott Shaw Shipp Sims Sinkfield Smith, B Smith, C.W Smith, L Smith, L.R

Smith, P Smith, T Smith, V Snelling Squires Stallings Stancil Stuckey Taylor Teper Tillman Tolbert Trense Turnquest Twiggs Unterman Walker, L Walker, R.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 Ragas of the 64th, Massey of the 86th, Clark of the 3rd, Reece of the llth, Hudson of the 120th, Sholar of the 179th, Heckstall of the 55th, Shanahan of the 10th, Stokes of the 92nd, Hembree of the 98th, McClinton of the 68th, Rogers of the 20th, Hanner of the 159th, Irvin of the 45th, Hegstrom of the 66th, Graves of the 125th, Bordeaux of the 151st, Maddox of the 72nd, Stephens of the 150th, Roberts of the 162nd, Henson of the 65th, Harrell of the 62nd, Day of the 153rd, Stanley of the 49th, Jamieson of the 22nd, Stanley-Turner of the 50th, Williams of the 83rd, Jones of the 71st, McKinney of the 51st, Smyre of the 136th, Coleman of the 142nd, Parrish of the 144th, Dix of the 76th, Skipper of the 137th and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by Dr. Joseph L. Roberts, Jr., Pastor, Ebenezer Baptist 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.

TUESDAY, MARCH 23, 1999

2175

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 1051. By Representatives Smith of the 103rd, Shanahan of the 10th, Hanner of
the 159th, Crawford of the 129th, Manning of the 32nd and others: A bill to amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to an inventory and classification of dams, investigations, and related matters, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall provide the clerk of the superior court of each county in this state with the location of each category I and category II dam in the county.
Referred to the Committee on Natural Resources & Environment.

HB 1052. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of certain county departments of family and children services, so as to provide for creditable service for certain prior service.
Referred to the Committee on Retirement.

HB 1053. By Representative Day of the 153rd:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, the effect of zoning laws, covenants and scenic easements for public use, and renewal of certain covenants, so as to provide for automatic renewal of certain covenants with renewal provisions.
Referred to the Committee on Judiciary.

HB 1054. By Representatives Bunn of the 74th and Yates of the 106th:
A bill to amend Code Section 15-10-23 of the Official Code of Georgia Annotated, relating to the minimum compensation to be paid to the chief magistrates and magistrates of each county, so as to delete certain provisions authorizing contrary local laws relating to the minimum annual salaries of chief magistrates.
Referred to the Committee on Judiciary.

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HB 1055. By Representatives Bunn of the 74th, Walker of the 87th, Tillman of the 173rd, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the definition of the crime of arson in the first degree; to provide that any such person punished for arson in the first degree of a church, synagogue, mosque, or other place of public religious worship, or any ambulatory surgical facility shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended.
Referred to the Committee on Special Judiciary.
HB 1056. By Representatives Massey of the 86th, Yates of the 106th, Stokes of the 92nd, Bulloch of the 180th, Randall of the 127th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the amount a credit card issuer may charge a merchant who accepts such credit cards.
Referred to the Committee on Banks & Banking.

HB 1057. By Representatives Tolbert of the 25th, Shaw of the 176th and Harbin of the 113th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance fees and taxes, so as to change certain provisions relating to amount and method of computing state tax on insurance premiums generally and exclusion of annuity considerations; to change certain provisions relating to abatement or reduction on tax of insurance premiums.
Referred to the Committee on Insurance.
HB 1058. By Representatives Henson of the 65th, Royal of the 164th, Teper of the 61st, Ashe of the 46th, Childers of the 13th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which is attributable directly to restitution or reparation for the theft, seizure, conversion, denial, or withholding of the income or assets of victims of Nazi persecution or their spouses or lineal descendants, which theft, seizure, conversion, denial, or withholding occurred between 1933 and 1945.
March 22, 1999
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1058. This notice is made prior to or upon reading the bill the first time.

/s/ Michele Henson Representative 65th District
Referred to the Committee on Ways & Means.

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HB 1059. By Representatives Crawford of the 129th, Smith of the 103rd and Hudson of the 120th:
A bill to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to require satisfactory completion of a driver's training course for the issuance of a driver's license to any person under the age of 18.
Referred to the Committee on Motor Vehicles.
HB 1060. By Representatives Crawford of the 129th, Brown of the 130th, Smith of the 103rd and Hudson of the 120th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change definitions relating to delinquent acts and unruly children; to provide that a child who violates a local juvenile curfew enacted in accordance with specified criteria is an unruly child.
Referred to the Committee on Judiciary.
HB 1061. By Representatives Crawford of the 129th, Brown of the 130th, Smith of the 103rd and Hudson of the 120th: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and punishment, so as to expedite procedures for HIV testing of a person arrested for an offense involving significant exposure of a person acting in the course of duties as a peace officer, firefighter, or emergency medical technician.
Referred to the Committee on Special Judiciary.
HB 1062. By Representative Reichert of the 126th:
A bill to amend Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances generally, so as to define certain terms; to provide for county and municipal ordinances relating to unfit buildings or structures.
Referred to the Committee on Judiciary.
HR 641. By Representative Cummings of the 27th: A resolution proposing an amendment to the Constitution so as to revise the sales tax for educational purposes and provide for a special purpose educational sales and use tax and an unrestricted educational purpose sales and use tax.
Referred to the Committee on Ways & Means.
HR 643. By Representatives Crawford of the 129th, Jamieson of the 22nd, Smith of the 103rd and Hudson of the 120th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for an additional charge to fees for registration and license plates for motor vehicles and to allocate the proceeds of such additional charge for the provision of drivers' training; to authorize creation of a trust fund for moneys so allocated.
Referred to the Committee on Motor Vehicles.

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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 1081. By Representatives Sinkfield of the 57th, Murphy of the 18th, Taylor of the 134th, Martin of the 47th, Harrell of the 62nd and others:
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 a short title, legislative intent, and definitions; to create the office of the State Ombudsman for the Protection of Children and provide for qualifications for such office.
Referred to the Committee on Children & Youth.
HB 1085. By Representatives Harbin of the 113th, Shaw of the 176th, Golick of the 30th and Shipp of the 38th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise extensively provisions relating to fees and taxes; to provide for required rate reduction filings to reflect elimination of certain taxes.
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 1043 HB 1044 HB 1045 HB 1046 HB 1047 HB 1050 HR 620 HR 621 HR 622 HR 623 HR 642 SB 275 SB 277 SB 278 SB 279

SB 280 SB 281 SB 282 SB 283 SB 284 SB 285 SB 286 SB 287 SB 288 SB 289 SR 134 SR 183 SR 232 SR 235 SR 236

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

Mr. Speaker:

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

HB 1004 Do Pass, by Substitute HB 1042 Do Pass HB 1049 Do Pass

SB 243 Do Pass, by Substitute SB 269 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

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The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, MARCH 23, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
HR 442 House Tourism Advertising Study Committee; create HR 581 Georgia; urge designation as State of Character
SB 1 Special Drug Prosecutor Act - provide (Starr of the 44th)
SB 49 Education - codes of conduct (Starr of the 44th)
SB 61 Electronic Commerce Study Comm - re-create (Lamutt of the 21st)
SB 72 Juvenile Cts - jurisdiction over cert bd of ed proceedings (Hill of the 4th)
SB 99 Lake Lanier Island Dev Auth - purposes for expending revenue (Broun of the 46th)
SB 130 Tort Actions - reg transfer of structured settlement pmt rights (Meyer von Bremen of the 12th)
SB 146 Bd of Court Reporting of the Judicial Council -composition (Ray of the 48th)
SB 150 Coroner, Med Examiner Reports - procedure, filing (Thompson of the 33rd)
SB 165 Day-Care Centers - employee records & fingerprint records checks (Hecht of the 34th)
SB 170 Emergency 911 - wireless service suppliers (Madden of the 47th)
SB 178 Telecommunications Companies - digs for services by third parties (Walker of the 22nd)
SB 180 Drug Related Nuisances - action to abate, enjoin (Fort of the 39th)
SB 181 Insurance - relating to licensing of agents (Walker of the 22nd)
SB 236 Veh Accidents - chng provisions on removing veh from roadway (Streat of the 19th)
SB 259 Court Rep - disqualification, reporting depositions for interest (Hecht of the 34th)
SR 116 Jt Mental Health, Retardation, Subst Abuse Serv Del St Comm (Madden of the 47th)
SR 157 Andrew Jackson Ash Memorial Bridge - designate (Jackson of the 50th)
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:

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HB 1004. By Representatives Cash of the 108th and Sanders of the 107th: A hill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the provisions relating to compensation of members of the authority and powers of the authority.
The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3865), so as to change the provisions relating to compensation of members of the authority; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3865), is amended by striking subsection (a) of Section 4 and inserting in its place the following:
"(a) The members of the authority shall establish by resolution the monthly salary for the chairperson, vice chairperson, secretary, and other members of the authority, but no person shall receive a salary in excess of 30 percent of the monthly salary amount received by a member of the Board of Commissioners of Henry County. Such resolution shall be adopted no later than July 1 of each year and shall establish such salary amounts for the 12 month period beginning that first day of July."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 1042. By Representative Anderson of the 116th:
A bill to amend an Act providing for the election of the members of the board of education of Burke County, so as to change the compensation of the members of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 1049. By Representatives Rogers of the 20th, Smith of the 19th and Tolbert of the 25th:
A bill to amend an Act creating the Gainesville Redevelopment Authority, so as to provide for additional powers of the Gainesville Redevelopment Authority.

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

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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 disclosures and ethics.
The following Committee substitute was read and adopted:

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 provide 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 disclosures and ethics; to provide for inquiries and investigations; to provide for eminent domain; to provide for meetings and rules of procedure; to provide for quorums and voting; to provide for ordinances, resolutions, emergencies, and codes of technical regulations; to provide for a city manager and the appointment, removal, powers, and duties thereof; to prohibit certain conduct; to provide for a mayor pro tempore; to provide for the powers and duties of the mayor; to provide for administrative affairs and departments, boards, commissions, committees, and authorities; to provide for a city attorney, city clerk/treasurer, and other officials, officers, and employees; to provide for position classification and pay plans and personnel policies; to provide for a municipal court and the judges, jurisdiction, compensation, terms, powers, authority, rules, and other matters related to the court; to provide for certiorari; to provide for elections and removal; to provide for financial affairs of the city and taxation, regulatory fees, and permits; to provide for franchises; to provide for service charges, special assessments, construction, and other taxes and fees; to provide for bonds and loans; to provide for contracts and leases; to provide for a fiscal year and budgets; to provide for audits, contracting procedures, and purchasing; to provide for sale and lease of city property; to provide for bonds of officials; to provide for prior ordinances, existing personnel and officers, and pending matters; to provide for construction; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style City of Avondale Estates, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter and are as more particularly described and set forth in Appendix A attached hereto.
(b) The board of mayor and commissioners, as defined in Section 2.10 of this charter, may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries.
(c) The city shall maintain an official map of the city which accurately depicts the corporate boundaries.

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SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter, including, without limitation:

(1) Animal regulations. To regulate and to license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter;

(2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

(3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes;

(4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted, and other privileges, occupations, trades, and professions; to permit and to regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees;

(5) Condemnation. To condemn property, inside or outside the corporate boundaries of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

(6) Contracts. To enter into contracts and agreements;

(7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;

(8) Environmental protection. To protect and to preserve the natural resources, environment, and vital areas through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;
(9) Fire regulations. To prescribe fire safety regulations, not inconsistent with law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violations thereof;

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(10) Garbage disposal and fees. To provide for and to regulate the collection and disposal of garbage, rubbish, refuse, and trash; to provide for the separate collection and disposal of recyclable materials; to levy, fix, assess, and collect a garbage, refuse, rubbish, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services from all individuals, firms, and corporations owning property or doing business in the city; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such charges, taxes, and fees;

(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, or safety of the inhabitants of the city and to provide for the enforcement of such standards;

(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

(13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards;

(14) Jail sentences and community service. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; or to provide for such other community service as the municipal court may deem appropriate;

(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including, without limitation, parking upon the streets, roads, alleys, walkways, and other areas of the city;

(16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, committees, and agencies of the city and to confer upon such bodies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;

(17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;

(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or intangible property, in fee simple or any other interest, inside or outside the corporate boundaries of the city;

(19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, without limitation, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants and facilities for the transportation of same, cable television and other telecommunications, transporta-

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tion facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same;

(21) Nuisance. To abate nuisances, whether public or private, on public or private property;

(22) Penalties. To provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

(23) Planning and zoning. To provide comprehensive city planning for development by zoning as the board of mayor and commissioners deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community and to provide regulation for subdivision, historic preservation, and all other purposes;

(24) Police and fire protection. To exercise all police powers, including, but not limited to, the power of arrest through duly appointed police officers and to establish, operate, or contract for police, fire-fighting, emergency medical service, and all other public safety agencies;

(25) Public hazards; removal. To provide for the destruction and removal of any building or other structure or condition which is dangerous or detrimental to the public;

(26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of all public improvements, including, without limitation, public ways, public transportation, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, inside or outside the corporate boundaries of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation utilizing the procedures enumerated in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted;

(27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

(28) Public utilities and services. To grant franchises or to make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

(29) Regulation of roadside areas. To prohibit or to regulate and to control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets, roads, and alleyways or within view thereof, within or abutting the corporate boundaries of the city; and to prescribe penalties and punishment for violation of such ordinances;

(30) Retirement. To provide and to maintain a retirement plan for officers and employees of the city;

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(31) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads, and over the bridges, viaducts, and other public property for the use of public utilities; and to repair and maintain in a safe condition the walkways on public rights of way;

(32) Special areas of public regulation. To regulate or to prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, inflammable, and hazardous materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

(33) Special assessments. To levy and to provide for the collection of special assessments to cover the costs for any public improvements;

(34) Taxes: ad valorem. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

(35) Taxes: other. To levy and to collect such other taxes as may be allowed now or in the future by law;

(36) Taxicabs. To regulate and to license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

(37) Urban redevelopment. To organize and operate an urban redevelopment program; and

(38) Other powers. To exercise and to enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, education, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by municipal governments under the laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

(b) This city shall have all the powers of self-government not otherwise prohibited by this charter or by law.

(c) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

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SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia, as are or may hereafter be enacted.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. Board of mayor and commissioners;
creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a board of mayor and commissioners to be composed of a mayor and four commissioners and shall be known as the board of mayor and commissioners. The board of mayor and commissioners established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and commissioners shall be elected in the manner provided by law and this charter.
SECTION 2.11. Board of mayor and commissioners; terms and qualifications for office.
The members of the board of mayor and commissioners shall serve for terms of four years commencing on the first regular meeting in January of the year immediately following the year such commissioner or the mayor is elected and until the respective successor is elected and qualified. No person shall be eligible to serve as mayor or commissioner unless that person shall have been a resident of the city for a continuous 12 months prior to the date of qualification for election of mayor or commissioner; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of the city; and each shall not have been convicted of a felony at the time of qualification or during that member's period of service.
SECTION 2.12. Vacancy; filing of vacancies.
(a) Vacancies The office of mayor or commissioner shall become vacant upon the occurrence of any event specified as constituting a vacancy by the Constitution of the State of Georgia, the Official Code of Georgia Annotated, such other applicable laws as are or may hereafter be enacted, or this charter or should the mayor or commissioner no longer be qualified pursuant to this charter.
(b) Filling of vacancies A vacancy in the office of mayor or commissioner shall be filled for the remainder of the unexpired term by special election in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws as are or may hereafter by enacted.
SECTION 2.13. Compensation and expenses.
The mayor and commissioners shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.

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(a) Elected officials and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Conflict of interest No elected official, appointed officer, or employee of the city or 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, including, but not limited to, any business, transaction, or any such interest of an immediate family member of such individual, which is incompatible with the proper discharge of that elected official's, appointed officer's, or employee's official duties or which would tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the performance of those official duties;
(2) Engage in or accept private employment or render services for private interests when such employment or service, including, but not limited to, those for or on behalf of an immediate family member of such individual, is incompatible with the proper discharge of that elected official's, appointed officer's, or employee's official duties or would tend to impair the independence of the elected official's, appointed officer's, or employee's judgment or action in the performance of those official duties;
(3) Disclose confidential information, including information obtained at meetings which are closed pursuant to the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the elected official, appointed officer, or employee is engaged without proper legal authorization or use such information to advance the financial or other private interest of the elected official, appointed officer, employee, or others, including, but not limited to, an immediate family member of such individual;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation, including, but not limited to, a member of the immediate family of such individual, which to the elected official's, appointed officer's, or employee's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the city or any agency or political entity to which this charter applies; 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 this city or any portion of its government, including, but not limited to, the private interests of an immediate family member; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the elected official, public officer, or employee, or any member of the immediate family of any such individual, has financial interest.
(c) Disclosure Any elected official, appointed officer, or employee who shall have, or whose immediate family member shall have, any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall promptly disclose such interest to the board of mayor and commissioners. The mayor and any commissioner who has, or whose immediate family member has, a financial interest in any matter pending before the board of mayor and commissioners shall promptly disclose such interest and such disclosure shall be entered on the records of the board of mayor and commissioners, and the mayor or that commissioner shall disqualify himself or herself from participating in any discussion, 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, or whose immediate family member

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shall have, any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall promptly disclose such interest to the governing body of such agency or entity and to the board of mayor and commissioners.
(d) Use of public property No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use or knowingly permit the use of property owned or leased by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of mayor and commissioners or the governing body of such agency or entity.
(e) 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 said contract or sale voidable at the option of the board of mayor and commissioners.
(f) Ineligibility of elected official Except where authorized by law, neither the mayor nor any commissioner shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former commissioner shall hold any compensated appointive office In or be an employee of the city until two years after the expiration of the term for which the mayor or that commissioner was elected.
(g) Political activities of employees No employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or upon election to any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. No employee of the city may campaign for or on uehalf of or contribute to any candidate for election to any public office in the city.
(h) Penalties for violation
(1) Any elected official, appointed officer, or employee who knowingly conceals such financial interest or knowingly violates any of the provisions of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited immediately that person's office or position.
(2) Any elected official, appointed officer, or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
(i) Immediate family For the purposes of this article, the term "immediate family," "member of the immediate family," "immediate family member," and similar terms shall mean and include any one or more of the following persons: a parent, spouse, child, stepchild, brother, sister, grandparent, grandchild, parent-in-law, brother-in-law, sisterin-law, aunt, uncle, niece, or nephew of and any person residing with the respective elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the board of mayor and commissioners may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who falls or refuses to obey a lawful order issued in the exercise of these powers by the board of mayor and commissioners shall be punished as provided by ordinance.

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SECTION 2.16. General power and authority of the board of mayor and commissioners.
Except as otherwise provided by law or this charter, the board of mayor and commissioners shall be vested with all the powers of government of this city.
SECTION 2.17. Eminent domain.
The board of mayor and commissioners is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and any other public improvements inside or outside the city and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under law applicable now or as provided in the future.
SECTION 2.18. Regular and special meetings.
(a) The board of mayor and commissioners shall hold regular meetings at such times and places as shall be prescribed by ordinance.
(b) Special meetings of the board of mayor and commissioners may be held on call of the mayor or two commissioners. Notice of such special meetings shall be served on all other commission members in writing at least 24 hours in advance of the meeting. Such notice to commissioners shall not be required if the mayor and all commissioners are present when the special meeting is called. Such notice of any special meeting may be waived by a commissioner in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such commissioner's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the board of mayor and commissioners shall be open to the public in compliance with the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. Rules of procedure.
(a) The board of mayor and commissioners shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
(b) Unless otherwise provided by law or this charter, all committees shall be established and appointed by the board of mayor and commissioners, provided that the mayor may appoint committee chairs upon the advice and consent of the board.
SECTION 2.20. Quorum; voting.
Three members of the board of mayor and commissioners shall constitute a quorum and shall be authorized to transact business of the board of mayor and commissioners. Voting on the adoption of ordinances, resolutions, and any other matter requiring a vote of the board shall be by voice vote and the vote shall be recorded in the journal, but any member of the board of mayor and commissioners shall have the right to request a rollcall vote and such vote shall be recorded in the journal. The affirmative vote of three members present and voting shall be required for the adoption of any ordinance, resolution, or motion.

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SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the appropriate form required for final adoption. No ordinance shall address a subject which is not expressed in its title. The enacting clause shall be "Be it ordained by the City of Avondale Estates, as follows:" and every ordinance shall so begin.
(b) An ordinance may be introduced by any member of the board of mayor and commissioners and be read at a regular or special meeting of the board of mayor and commissioners. Ordinances shall be considered and adopted or rejected by the board of mayor and commissioners in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted until such time that the ordinance has been read at three separate meetings of the board of mayor and commissioners, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each commissioner and shall file a reasonable number of copies in the office of the clerk and at such other public places as the board of mayor and commissioners may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the board of mayor and commissioners which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the board of mayor and commissioners may convene on call of the mayor or two commissioners and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced. The affirmative vote of three members of the board of mayor and commissioners shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.
(a) The board of mayor and commissioners may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 of this charter.

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(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the board of mayor and commissioners.
(b) The board of mayor and commissioners shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the board of mayor and commissioners by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the board of mayor and commissioners may specify. This compilation shall be known and cited officially as "The Code of City of Avondale Estates, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city manager.
(c) The board of mayor and commissioners shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the board of mayor and commissioners. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city manager shall make such further arrangements as deemed desirable for reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. City manager; appointment; qualifications; compensation;
The board of mayor and commissioners shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed on the basis of executive, administrative, and educational qualifications.
SECTION 2.27. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the affirmative vote of a majority of the board of mayor and commissioners at a regular meeting or at a special meeting called for that purpose.
SECTION 2.28. Acting city manager.
By letter filed with the city clerk, the city manager may designate, subject to approval of the board of mayor and commissioners, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the board of mayor and commissioners may revoke any such designation at any time and may at any time appoint any officer or employee of the city to serve until the city manager shall return or the city manager's disability shall cease.

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SECTION 2.29. Powers and duties of the city manager.
The city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the board of mayor and commissioners for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief executive and administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter; and the city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise those powers with respect to subordinates in that officer's department, office, or agency;
(2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law;
(3) Attend all board of mayor and commissioners meetings except for closed meetings held for the purposes of deliberating on the appointment, performance evaluation, discipline, or removal of the city manager and have the right to take part in discussion but have no vote;
(4) See that all laws, provisions of this charter, and acts of the board of mayor and commissioners, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the board of mayor and commissioners;
(6) Submit to the board of mayor and commissioners and make available to the public a complete report of the finances and administrative activities of the city as of the end of each fiscal year;
(7) Make such other reports as the board of mayor and commissioners may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision;
(8) Act as purchasing agent of the city and purchase all materials, supplies, and equipment for the conduct of the business of the city;
(9) Keep the board of mayor and commissioners fully advised as to the financial condition and future needs of the city and make such recommendations to the board of mayor and commissioners concerning the affairs of the city as the city manager deems desirable; and
(10) Perform other such duties as are specified in this charter or as may be required by the board of mayor and commissioners.
SECTION 2.30. Commission interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the board of mayor and commissioners or the members of the board of mayor and commissioners shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the board of mayor and commissioners nor any member of the board of mayor and commissioners shall give orders to any such officer or employee, either publicly or privately.

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Said board shall exercise its powers in session, duly assembled, and no member or group of members thereof shall otherwise attempt to exercise the powers conferred upon the board.

SECTION 2.31. Selection of mayor pro tempore.
The board of mayor and commissioners shall elect a commissioner to serve as mayor pro tempore, who shall serve at the pleasure of the board of mayor and commissioners. The mayor pro tempore shall continue to vote and otherwise participate as a commissioner.

SECTION 2.32. Mayor pro tempore.
During the absence or physical or mental disability of the mayor for any cause, the mayor pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of the commissioners chosen by a majority vote of the board of mayor and commissioners, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all commissioners. The mayor pro tempore or selected commissioner shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.

The mayor shall:

SECTION 2.33. Powers and duties of mayor.

(1) Preside at all meetings of the board of mayor and commissioners;

(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy;

(3) Have the power to administer oaths, issue proclamations, and take affidavits;

(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;

(5) Vote on matters before the board of mayor and commissioners and be counted toward a quorum as any other commission member;

(6) Fulfill such other duties as the board of mayor and commissioners shall by ordinance or resolution establish; and

(7) Perform such other duties and exercise such other powers as are otherwise provided by law and this charter.

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ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the board of mayor and commissioners, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city.
(b) Except as otherwise provided by this charter or by law, the heads of departments and other appointed officers of the city shall be appointed, in the manner set forth below, solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and heads of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a head of each department or agency who shall be its principal officer. Each principal officer shall, subject to the direction and supervision of the city manager as set forth below, be responsible for the administration and direction of the affairs and operations of that department or agency.
(e) All appointed officers under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the board of mayor and commissioners, and heads of departments under the supervision of the city manager shall be selected by the city manager. All appointed officers and department heads shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, committees, and authorities.
(a) The board of mayor and commissioners shall create by ordinance or resolution such boards, commissions, committees, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the board of mayor and commissioners deems necessary and shall by ordinance or resolution establish the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, committees, and authorities of the city shall be appointed by the board of mayor and commissioners for such terms of office and in such manner as shall be provided by ordinance or resolution, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The board of mayor and commissioners, by ordinance or resolution, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, committee, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, committee, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, committee, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter or such ordinance or resolution for original appointment, except as otherwise provided by this charter or by law.
(f) Except as otherwise provided by this charter or by law, each board, commission, committee, or authority of the city shall elect one of its members as chair and one member as vice chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, committee, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent

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with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The board of mayor and commissioners shall appoint a city attorney, together with such assistant city attorneys as may be authorized, each of whom shall be a member in good standing of the State Bar of Georgia, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney and assistants shall serve at the pleasure of the board of mayor and commissioners, and the city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the board of mayor and commissioners as directed; shall advise the board of mayor and commissioners, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk/treasurer.
The city manager shall appoint a city clerk/treasurer (referred to throughout this charter as the "city clerk") who shall not be an elected officer of the city. The city clerk shall be custodian of the official city seal and city records; maintain board of mayor and commissioners records required by this charter; and report to and perform such other duties as may be required by the city manager.
SECTION 3.14. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the board of mayor and commissioners for approval. Such plan shall apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the board of mayor and commissioners shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Avondale Estates, Georgia.
SECTION 4.11. Chief judge; associate judge; city solicitor.
(a) The municipal court shall be presided over by a chief judge and such part-time, fulltime, or stand-by judges as shall be provided by ordinance.

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(b) No person shall be qualified or eligible to serve as a judge or solicitor of the municipal court unless that person shall be a member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges and solicitors shall be appointed by the board of mayor and commissioners and shall serve at will and may be removed from office at any time by the board of mayor and commissioners.
(c) Compensation of all judges and solicitors shall be fixed by the board of mayor and commissioners.
(d) Before assuming office, each judge or solicitor shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the board of mayor and commissioners journal required in Section 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdictions; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as permitted by law.
(b) The municipal court shall have authority to punish for contempt, provided that such punishment shall not exceed those limits established by the Official Code of Georgia Annotated as applicable to municipal courts, by both fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served and executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

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SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County, Georgia, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the board of mayor and commissioners, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the board of mayor and commissioners may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be promptly furnished to all defendants in municipal court proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of law.
All elections shall be held and conducted in accordance with the Official Code of Georgia Annotated as now or hereafter amended.
SECTION 5.11. Election of the board of mayor and commissioners and mayor.
(a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November.
(b) There shall be elected two commissioners at one election and at every other election thereafter. The two remaining seats for commissioner and the seat for mayor shall be filled at the election alternating with the first election so that a continuing body is created, provided that the first such election of two commissioners and mayor pursuant to this section shall be held in November 1999.
SECTION 5.12. Nonpartisan elections,
No primaries shall be conducted for city offices and all names of candidates for city offices shall be listed without party designations or incumbency.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of commissioner or mayor shall become vacant as provided in Section 2.12 of this charter, the board of mayor and commissioners or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, the special election shall be held and conducted in accordance with the Official Code of Georgia Annotated, as now or hereafter amended.

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SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the hoard of mayor and commissioners shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the appropriate provisions of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.16. Removal of members of the board of mayor and commissioners.
The mayor, commissioners, or appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted or as provided in this charter.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The board of mayor and commissioners may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the board of mayor and commissioners in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The board of mayor and commissioners, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The board of mayor and commissioners, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The board of mayor and commissioners by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The board of mayor and commissioners may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The board of mayor and commissioners by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.

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SECTION 6.14. Franchises.
(a) The board of mayor and commissioners shall have the power to grant franchises for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other organizations. The board of mayor and commissioners shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The board of mayor and commissioners shall provide for the registration of all franchises with the city clerk in a registration book maintained by the city clerk for that sole purpose. The board of mayor and commissioners may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
(b) If no franchise agreement is in effect, the board of mayor and commissioners has the authority to impose a tax on gross receipts for the use of the city streets, alleys, and other public property for the purposes of railroads, street railways, public transportation, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other organizations.
SECTION 6.15. Service charges.
The board of mayor and commissioners by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The board of mayor and commissioners by ordinance shall have power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of the city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The board of mayor and commissioners, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law, including, without limitation, providing for the dates when the taxes, fees, and other revenues are due; late penalties and interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

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SECTION 6.19. General obligation bonds.
The board of mayor and commissioners shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the board of mayor and commissioners as law now or hereafter provides. Such bonds shall be paid solely out of any revenue produced by the project, program, or venture for which the bonds were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the city at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The board of mayor and commissioners shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city.
SECTION 6.24. Preparation of budgets.
The board of mayor and commissioners shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to board of mayor and commissioners.
On or before a date fixed by the board of mayor and commissioners no later than 120 days prior the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and

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the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26 Action by board of mayor and commissioners on budget.
(a) The board of mayor and commissioners may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
(b) The board of mayor and commissioners shall enact an ordinance adopting the final operating budget for the ensuing fiscal year not later than the last day of the last month of each fiscal year. If the board of mayor and commissioners fails or refuses to adopt the operating budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the board of mayor and commissioners adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The board of mayor and commissioners shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.
SECTION 6.28. Changes in appropriations.
The board of mayor and commissioners by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or any special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the board of mayor and commissioners but no later than 120 days prior to the beginning of each fiscal year, the city manager shall submit to the board of mayor and commissioners a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The board of mayor and commissioners shall have the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The board of mayor and commissioners shall not authorize an expenditure for

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the construction of any building, structure, work, or improvement unless the appropriations for such projects are included in the capital budget or added by amendment to meet a public emergency as provided in Section 2.23 of this charter.
(b) The board of mayor and commissioners shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the board of mayor and commissioners. The audit shall be conducted according to generally accepted auditing principles and in accordance with state law. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available to the public from the city clerk and at a price in accordance with all applicable state law.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and
(3) It is made or authorized by the board of mayor and commissioners and such approval is entered in the city journal of proceedings pursuant to Section 2.19 of this charter.
SECTION 6.32. Centralized purchasing.
The board of mayor and commissioners shall provide for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The board of mayor and commissioners may sell and convey or lease any real, personal, or tangible property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The board of mayor and commissioners may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city in the property has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the board of mayor and commissioners may authorize the city manager to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such

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sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the board of mayor and commissioners shall, from time to time, require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All prior unrepealed ordinances, resolutions, rules, and regulations not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the board of mayor and commissioners.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing board of mayor and commissioners shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the board of mayor and commissioners.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such

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other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
Section 7.16. Specific repealer.
An Act creating the City of Avondale Estates, approved August 25, 1926 (Ga. L. 1927, p. 813), as amended, is repealed in its entirety.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A CORPORATE BOUNDARIES OF CITY OF AVONDALE ESTATES, GEORGIA
The said corporate limits of the City of Avondale Estates shall embrace the territory within the following boundary to wit: beginning at the northwest corner of Land Lot 217 of the 15th district of originally Henry, now DeKalb County, Georgia, thence northwesterly along the northeasterly line of Lot 37, Block A, Forrest Hills, Second Addition, as per plat recorded in Plat Book 14, page 89, DeKalb County Records, two hundred ten feet (210') to the corner formed by the intersection of the southerly side of Wiltshire Drive and the easterly side of Forrest Boulevard, if extended; thence easterly along the southerly right-of-way line of Wiltshire Drive one hundred eighty-six feet (186'), more or less, to the northeasterly corner of Lot 39, said block and subdivision; thence north one thousand nine hundred forty-five feet (1,945') parallel with the west line of said Land Lot 232 and one hundred five feet (105') east therefrom to a point; thence west four feet (4') to the easterly right-of-way line of Forrest Boulevard; thence in a northerly direction along the easterly right-of-way line of Forrest Boulevard five hundred ninety-four feet (594') to the intersection of the easterly right-of-way line of Forrest Boulevard with the southerly line of Land Lot 248 of the 15th District of originally Henry, now DeKalb County, Georgia; thence west along the south line of Land Lot 248 five hundred thirtynine feet (539'), more or less, to the southwesterly corner of property formerly owned by W. R. Hill; thence north, eight degrees and thirty minutes west one thousand two hundred fifty-nine feet (1,259') along said Hill line to a point, which point is two hundred twenty-five feet (225') southeasterly of North Avondale Road/East College Avenue/US 278; thence in a westerly direction at an interior angle of eighty-nine degrees twentyfour minutes with the preceding call, a distance of three hundred seventy feet (370') to a point; thence in a northwesterly direction at an interior angle of one hundred degrees thirty-seven minutes with the preceding call, a distance of two hundred thirty feet (230') to an iron pipe on the south side right-of-way line of East College Avenue/US 278; thence westerly along said right-of-way line of East College Avenue/US 278, a distance of four hundred seventy-five feet (475') to a point, which point is directly opposite the westerly right-of-way line for Maple Street, if extended; thence in a northerly direction crossing East College Avenue/US 278 and following the westerly line of Maple Street a distance of six hundred fifty feet (650'), more or less, to a point at the southerly right-ofway line of the Georgia Railroad; thence continuing in a northerly direction following the westerly line of Maple Street, if extended, a distance of two hundred feet (200'), more or less, to a point at the northerly right-of-way line of the Georgia Railroad; thence continuing in a northeasterly direction along said northerly right-of-way line a distance of two thousand ninety feet (2,090'), more or less, to its intersection with the easterly right-ofway line of Oak Street (40'right-of-way), if extended; thence in a southerly direction along the easterly right-of-way line of Oak Street, if extended, a distance of five hundred four and fifty-three hundredths feet (504.53'), more or less, to a point at the intersection of said right-of-way line and the original designated centerline of Green Street (never

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opened, right-of-way never dedicated); thence in an easterly direction along the southerly property line of the Georgia Duck and Cordage Mill a distance of two hundred and sixteen hundredths feet (200.16'), more or less, to the intersection of this property line and westerly right-of-way line of Lake Street (40'right-of-way), were Lake Street extended in a straight line to intersect with said property line; thence in a southerly direction along said westerly right-of-way line twenty feet (20') to a point; thence easterly in a straight line along the original southern property line of the Georgia Duck and Cordage Mill a distance of four hundred eighty feet (480'), more or less, to a point; thence in a southerly direction a distance of one hundred ninety-seven and eighty-one hundredths feet (197.81), more or less, to an intersection with the northerly right-of-way line of Parry Street (40' right-of-way); thence in a northeasterly direction along the northerly right-ofway of Parry Street a distance of three hundred fifty feet (350'), more or less, to its intersection with the westerly right-of-way of Laredo Drive (40* right-of-way); thence in a northwesterly direction along the westerly right-of-way of Laredo Drive a distance of eight hundred feet (800'), more or less, to the northerly right-of-way of the Georgia Railroad line; thence in a northeasterly direction along said railroad right-of-way a distance of seven hundred ninety-six feet (796'), more or less, to a point on the northerly right-ofway of said railroad perpendicular to the northeasterly right-of-way of Hobbs Street, if extended; thence in a southeasterly direction along the northeast right-of-way of Hobbs Street, if extended, a distance of six hundred seventy-nine feet (679'), more or less, to the point of intersection with the northwest right-of-way line of North Clarendon Avenue; thence in a northeasterly direction along the northwesterly right-of-way of North Clarendon Avenue a distance of one hundred twenty-five feet (125'), more or less; thence in a northeasterly direction across North Clarendon Avenue and then along the northerly right-of-way line of Old Rockbridge Road a distance of five hundred forty-five feet (545'), more or less to a point; thence due south three hundred ninety feet (390'), more or less, to the northeast corner of Land Lot 249; thence south along said east line of Land Lot 249 a distance of fifty feet (50'), more or less, to a point at the northeast corner of parcel 15-249-9-3; thence west sixty-five feet (65'), more or less, to the northwest corner of said parcel; thence south a distance of three hundred thirty-nine feet (339'), more or less, to the southwest corner of said parcel; thence east a distance of sixty-five feet (65') to the southeast corner of said parcel; thence south along east line of said Land Lot 249 to the northerly right-of-way line of Covington Road (also known as Covington Highway/US 278); thence in a southeasterly direction along said northerly right-of-way line and following the curvature thereof, crossing its intersections with Mountain Drive and Kensington Road, and to its intersection with the northwest rightof-way of Memorial Drive a distance of four thousand one hundred thirty-seven feet (4,137'), more or less; thence south crossing Covington Highway/US 278 and following the easterly boundary of parcel 15-231-7-16 and the westerly right-of-way of Memorial Drive to the southeasterly corner of said parcel; thence in a southwesterly direction two hundred ten feet (210'), more or less, to its intersection with the southwesterly right-ofway line of Nottingham Drive; thence northwesterly along the southwesterly right-ofway line of Nottingham Drive a distance of one hundred twenty-five feet (125') to a point; thence in a southwesterly direction along the southeasterly line of parcel 15-23110-4 a distance of one hundred fifty-one feet (151'), more or less, to a point; thence in a northwesterly direction along the southwesterly boundary of said parcel a distance of seventy-five feet (75'), more or less; thence in a southwesterly direction along the southerly boundary lines of parcels 15-231-10-7, 8, 9, and 10 a distance of five hundred twelve feet (512'), more or less, to a point; thence in a southerly direction two hundred seventyfive feet (275'), more or less, to a point; thence in a southwesterly direction along the northwesterly boundary line of parcels 15-231-10-52, 30, 51, and 23 a distance of one thousand one hundred thirty feet (1,130'), more or less, to a point; thence continuing in a southwesterly direction along the northwesterly boundaries of parcels 15-218-1-1, 24, and 2 a distance of one thousand nine hundred fifteen feet (1,915'), more or less, to a point; thence westerly one hundred ninety feet (190'), more or less, to the west line of Land Lot 218; thence in a southerly direction along the western line of Land Lot number 218, approximately five hundred fifty-four and forty hundredths feet (554.4') to the

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intersection of the western-most right-of-way boundary of Memorial Drive; thence in a Southwestern direction along the western right-of-way boundary of Memorial Drive a distance of six hundred ninety nine and seventy hundredths feet (699.7') more or less to the intersection of the most southerly point of lot number 15217 04013; thence in a west-northwest direction of four hundred fourteen and fifty hundredths feet (414.5') to where lots 15217 04012, 15217 04003 and 15217 04002 intersect; thence in a northerly direction along the western boundary of lot number 15217 0402, eight hundred seventy three and ten hundredths feet (873.1') to the intersection of the southern right-of-way of Berkeley Road; thence in a westerly direction along the southern right-of-way of Berkeley Road, nine hundred ninety-five feet (995') more or less to the eastern right-of-way boundary of Clarendon Avenue; thence south along the eastern right-of-way line of Clarendon Avenue, approximately one thousand five hundred sixty seven feet (1567') to a point of one hundred sixty feet (160') from the intersection of the northern boundary of Columbia Drive; thence in a northwestern direction and along the southern boundary of lot number 1527 0102 approximately three hundred twenty three and fifty-eight hundredths feet (323.58') to a point on the westerly line of Land Lot 217; thence north along the west line of Land Lot 217 to the northwest corner of said Land Lot 217 and the point of beginning.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 269. By Senators Huggins of the 53rd, Marable of the 52nd and Thomas of the 54th:
A bill to amend an Act entitled "An Act creating the State Court of Chattooga County," as amended, so as to change the salary provisions relative to the judge and solicitor-general of such court.

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

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

Y Coan Y Coleman, B Y Coleman, T
Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y 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
Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y 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
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 Parharo 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

Y Shipp Y Sholar
Sims Y Sinkfield
Skipper Smith, B Smith, C Y Smith, C.W Y Smith, L

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Y Smith, L.E Y Smith, P Y Smith, T Y Smith, V
Smyre Snelling Snow Squires Stalh'ngs

Y Stancil Stanley, P Stanley-Turner 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

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Y 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 144, nays 0.
The Bills, having received the requisite constitutional majority, were passed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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.
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 thereto; to require that certain child support order payments and income deduction order payments be redirected to or made through such registry.
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.
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.
HB 403. By Representative Whitaker of the 7th:
A bill to create the Gilmer County Family Connection Commission.
HB 427. By Representatives Ehrhart of the 36th, Sauder of the 29th, Kaye of the 37th 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.

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HB 433. By Representatives Wiles of the 34th, Parsons of the 40th, Manning of the 32nd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the solicitor-general.
HB 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.
HB 660. By Representatives Dean of the 48th, Coleman of the 142nd, Hegstrom of the 66th 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, so as to require political subdivisions and public authorities to have conducted environmental testing on certain property to be donated to or acquired by such entities and prohibit acceptance or acquisition thereof unless any dangers discovered have been eliminated.
HB 678. By Representatives Stephens of the 150th, Benefield of the 96th, Parham of the 122nd and others:
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 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.
HB 713. By Representatives Wix of the 33rd, Harrell of the 62nd, Trense of the 44th 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.
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.
HB 906. By Representatives DeLoach of the 119th, Connell of the 115th, Alien of the 117th and others:
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.
HB 932. By Representatives Ehrhart of the 36th, Franklin of the 39th, 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 changes in the compensation of the judges of the Juvenile Court of Cobb County.
HB 953. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change from four to two the number of annual terms of said court; to change the compensation of the judge and solicitor of said court.

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HB 954. By Representatives Stallings of the 100th and West of the 101st:
A bill to repeal an Act creating the Mclntosh Reserve Historical Authority.
HB 955. By Representative Jamieson of the 22nd:
A bill to amend an Act continuing and re-creating the State Court of Stephens County, so as to change the compensation of the judge and solicitor of said court.
HB 956. By Representatives Yates of the 106th and Sanders of the 107th:
A bill to amend an Act creating the Griffin-Spalding County School System, so as to change the provisions relating to the compensation of the chairperson and members of the Griffin-Spalding County Board of Education.
HB 963. By Representative Jamieson of the 22nd:
A bill to amend an Act granting a new charter to the City of Lavonia, so as to change and extend the corporate limits of such city.
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.
HB 972. By Representative Jenkins of the 110th:
A bill to create the Jasper County Water and Sewer Authority.
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 resident of that city.
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 preceding the taxable year in which that exemption is first granted to a resident of that city.
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 immediately preceding the taxable year in which that exemption is first granted to a resident of that city.
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 immediately preceding the taxable year in which that exemption is first granted to a resident of that city.
HB 952. By Representatives Jackson of the 148th, Bordeaux of the 151st, Pelote of the 149th and others:
A bill to provide for a homestead exemption from certain City of Thunderbolt advalorem taxes for municipal purposes in an amount equal to the amount

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by which the current year assessed value of a homestead exceeds the adjusted 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.
HB 965. By Representatives Jackson of the 148th, Day of the 153rd, Pelote of the 149th and others:
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 adjusted 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.
HB 979. By Representatives Mueller of the 152nd, Stephens of the 150th, Pelote of the 149th and Jackson of the 148th:
A bill to amend an Act providing for the compensation of certain public officials and judicial officers in Chatham County, so as to change the compensation of the chairperson and members of the Board of Commissioners of Chatham County.
HB 1023. 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 for county 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.
HB 1024. 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 and City of Savannah School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted 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.
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 47. By Representative Birdsong of the 123rd:
A resolution compensating Mr. Robert C. Stripling.
HR 57. By Representatives Poag of the 6th and Whitaker of the 7th:
A resolution designating the C. F. "Coote" Mason Highway.
HR 94. By Representative Campbell of the 42nd:
A resolution compensating A. K. Pearson.
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.
HR 157. By Representative Tillman of the 173rd:
A resolution compensating Mr. Henry C. Batson.
HR 161. By Representative Lewis of the 14th:
A resolution compensating Mr. Frank Martin.

TUESDAY, MARCH 23, 1999

2211

HE 162. By Representatives Walker of the 87th and Unterman of the 84th:
A resolution designating the Major General Thomas Wayne Robison Memorial Highway.
HR 164. By Representative Lewis of the 14th:
A resolution compensating Mr. Tony Pilcher.
HR 166. By Representative Whitaker of the 7th:
A resolution designating the Andrew Jackson Ash Memorial Bridge.
HR 200. By Representative Dukes of the 161st:
A resolution compensating Ms. Bernice D. Harris on behalf of her daughter, Ms. Peggy Sue Harris.
HR 208. By Representative Jamieson of the 22nd:
A resolution designating the Veterans Memorial Way.
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".
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.
HR 304. By Representative Hudson of the 120th:
A resolution compensating Mr. Mohammed Ashraf.
HR 325. By Representatives Jenkins of the 110th, James of the 140th, Massey of the 86th and others:
A resolution designating the Georgia Emergency Management Agency hazardous materials training facility at the Georgia Public Safety Training Center in Forsyth as the "Neil Jordan Holton Hazardous Materials Training Facility".
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".
HR 364. By Representatives Parham of the 122nd and Birdsong of the 123rd:
A resolution compensating Mr. Thomas King.
HR 365. By Representative Felton of the 43rd:
A resolution compensating Mr. Hugh Kelley Rickenbaker, III.
HR 379. By Representative Smith of the 91st:
A resolution designating the William P. Ponder Memorial Bridge.
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.
HR 416. By Representative Parrish of the 144th:
A resolution designating the L.C."Shot" Strange Highway.

2212

JOURNAL OF THE HOUSE

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.
The Senate has agreed to the House amendment to the following bill of the Senate:
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 payment of such supplements; to change the proportion of such supplements which each county shall pay.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills 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 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.
HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.
HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board.
HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.
HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person.
HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court.
HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:

TUESDAY, MARCH 23, 1999

2213

HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
Representative Dean of the 48th 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 Kaye of the 37th arose to a point of personal privilege and addressed the House.
Due to the death of Representative James Mills' grandfather on his wife's side, he had to be excused from the session. James Mills has a part in the funeral of Mr. Bell.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 144

The Committee of Conference on HB 144 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 144 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ George Hooks
Senator, 14th District /s/ Charles W. Walker
Senator, 22nd District
/s/ Terrell Starr Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry Coleman Representative, 142nd District /s/ Larry Walker Representative, 141st District
1st Thomas B. Buck Representative, 135th District

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 undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

2214

JOURNAL OF THE HOUSE

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 fiscal 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..................... 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..............................

30,510,629 16,414,913 4,053,668 2,581,216
109,500 7,000 0
542,140 1,155,000
980,000 5,000
665,000 290,036
2,474,356 100,000
1,132,800 30,510,629 30,510,629

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's
Office Total

4,946,540 952,781
1,269,325 7,168,646

4,946,540 952,781
1,269,325 7,168,646

House Functional Budgets

Total Funds

State Funds

House of Representatives and

Research Office

10,897,486

Speaker of the House's Office

459,671

Clerk of the House's

Office

1,531,283

Total

12,888,440

Joint Functional Budgets

10,897,486 459,671
1,531,283 12,888,440

Total Funds

State Funds

Legislative Counsel's Office

$

3,200,223 $

3,200,223

TUESDAY, MARCH 23, 1999

2215

Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight
Committee Total

2,321,831 1,154,481 3,344,464
432,544 10,453,543 $

2,321,831 1,154,481 3,344,464
432,544 10,453,543

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits.. Personal Services.............................. Regular Operating Expenses.......... Travel................................................ Motor Vehicle Purchases.................. Equipment......................................... Real Estate Rentals ........................ Per Diem, Fees and Contracts........ Computer Charges............................ Telecommunications ......................... Total Funds Budgeted..................... State Funds Budgeted....................

26,479,279 22,574,546
764,940 661,000 389,624 188,000 1,051,359 587,000 1,554,910 276,000 28,047,379 26,479,279

2216

JOURNAL OF THE HOUSE

PARTII 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 ..................................................................$

109,769,527 15,456,907 90,936,916 3,042,892 1,733,421 41,000 500,000 745,995 112,457,131
109,769,527

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 $ 10,530,565 $ 41,682,565 $
36,138,679 $ 1,374,764 $
897,312 $ 5,828,270 $
206,755 $ 5,000,000 $
3,030,749 $
300,510 $ 112,457,131 $

6,748,774 10,480,565 41,682,565
34,598,066 1,323,064
897,312 5,725,000
206,755 5,000,000
2,806,916
300,510 109,769,527

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 ................................................................

40,738,207 62,346,468 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
1,292,419 58,080,300
433,484

TUESDAY, MARCH 23, 1999

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 Support Services Materials Management Information Technology Risk Management State Properties Commission Office of the Treasury State Office of Administrative
Hearings Total

!

15,408,112

I

12,695,058

1

22,166,416

! 115,642,224

!

3,424,442

I

541,329

I

1,638,409

I

4,279,574

1 175,795,564

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

$

11,863,964

$

1,432,915

$

12,025,231

$

6,609,433

$

4,435,386

$

384,405

$

36,751,334

Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture.. Personal Services........................................... Regular Operating Expenses........................

2217
17,939,840 522,500 35,000 48,500 75,000 232,500
175,795,564 40,738,207

State Funds

$

3,848,022

$

3,956,183

$

0

$

27,599,756

$

522,500

$

541,329

$

262,271

$

4,008,146

$

40,738,207

0 20,803,654 14,498,193
42,000 200,000 118,000 325,000
15,071 269,416 480,000
0 0 0 0 36,751,334 0

State Funds

39,462,366 33,532,216 4,270,108

2218

JOURNAL OF THE HOUSE

Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Market Bulletin Postage...............................................................$ Payments to Athens and Tifton Veterinary
Laboratories................................................................................ $ Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe.................................................................................$ Veterinary Fees..............................................................................$ Indemnities ....................................................................................$ Advertising Contract .....................................................................$ Payments to Georgia Agrirama Development Authority for Operations...........................................................$ Payments to Georgia Development Authority............................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ...........................................................................$ Capital Outlay ...............................................................................$ Contract - Federation of Southern Cooperatives ...............................................................................$ Boll Weevil Eradication Program................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

1,060,000 352,000 430,673 667,341 814,475 412,585
1,109,741 983,240
3,127,000
3,069,923 275,000 35,000 175,000
803,290 0
150,000 0
40,000 0
51,307,592 39,462,366

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

8,826,270

$ 16,310,137

$

6,026,728

$

7,493,581

$

3,725,614

$

8,229,091

$

696,171

$ 51,307,592

8,045,270 13,178,002 2,351,728 7,306,581 3,595,914 4,984,871
0 39,462,366

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.........................................

0 1,019,790
197,000 3,000 0 5,000 9,500 0 7,500 96,500
125,000 120,000 1,583,290

TUESDAY, MARCH 23, 1999
State Funds Budgeted..............................................
Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance. Personal Services....................................................... Regular Operating Expenses.................................... Travel.......................................................................... Motor Vehicle Purchases........................................... Equipment.................................................................. Computer Charges..................................................... Real Estate Rentals.................................................. Telecommunications .................................................. Per Diem, Fees and Contracts................................. Total Funds Budgeted............................................... State Funds Budgeted..............................................
Section 7. Department of Community Affairs. Budget Unit: Department of Community Affairs....... Personal Services....................................................... Regular Operating Expenses.................................... Travel.......................................................................... Motor Vehicle Purchases........................................... Equipment.................................................................. Real Estate Rentals .................................................. Per Diem, Fees and Contracts................................. Computer Charges..................................................... Telecommunications .................................................. Capitol Felony Expenses........................................... Contracts for Regional Planning and Development ................................................... Local Assistance Grants ........................................... Appalachian Regional Commission Assessment............................................................. 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..............................................

2219
0
10,216,029 8,411,598
476,873 403,199 112,380
21,022 276,896 422,730
77,896 13,435 10,216,029 10,216,029
45,968,702 19,627,640 2,505,576
520,883 0
384,214 1,451,218 1,810,060
703,735 517,228
0
1,861,948 16,954,672
133,355
30,000,000
2,429,541 5,000,000 2,717,047
0 650,000
0 3,281,250
908,027 4,847,147
0 189,073
0 1,187,500 1,250,000 50,000,000 148,930,114 45,968,702

2220

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

$

18,835,061 $

$

3,755,972 $

$ 38,704,422 $

$

7,604,642 $

$

5,230,220 $

$

55,269,254 $

$

3,067,667 $

$

1,870,663 $

$

10,648,288 $

$

3,943,925 $

$ 148,930,114 $

18,470,202 3,519,560
7,175,876 2,717,047
3,873,837 0
1,801,645
916,894 3,680,002 3,813,639 45,968,702

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

838,085,617 547,869,700 67,134,602
2,708,112 1,924,730 4,115,691 6,162,854 6,440,280 6,981,150 63,608,015
38,000 23,740,732
1,300,000 28,980,363
5,550,695 0
1,093,624
3,882,700
1,556,055 577,160
1,527,120 84,363,894
0
438,944 856,000 860,850,421 450,000
0 838,085,617

TUESDAY, MARCH 23, 1999

Departmental Functional Budgets

Total Funds

Executive Operations Administration Human Resources Field Probation Facilities Total

$

46,388,014

$

13,347,174

$

8,414,937

$

67,294,081

$ 725,406,215

$ 860,850,421

B. Budget Unit: Board of Pardons and ParolesPersonal 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

2,046,583 6,067,958
15,106,233 23,220,774

Section 10. State Board of Education
Department of Education. A. Budget Unit: Department of Education. Operations:
Personal Services....................................... Regular Operating Expenses....................

2221

State Funds

$

45,881,014

$

13,047,174

$

8,414,937

$

66,814,081

$ 703,928,411

$ 838,085,617

47,926,666 37,716,380
1,697,625 555,000 230,000 190,000 591,200
3,038,958 965,000
2,062,003 860,500 20,000
47,926,666 47,926,666

6,028,907 11,750,619 10,658,014
42,375 0
22,000 68,625 24,400 69,973 584,768
0 23,220,774 6,028,907

State Funds

$

1,839,342

$

840,912

$

3,348,653

$

6,028,907

5,017,942,552
39,225,595 5,286,140

2222

JOURNAL OF THE HOUSE

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............................................................

1,174,447 25,000 136,347
8,763,987 1,180,937 2,164,455 61,946,064
793,952 0
1,246,928,019 1,057,747,868
436,873,709 207,679,609 156,945,877 548,792,945 98,679,526 104,495,375
36,602,631 134,010,159 800,161,761 149,180,825 (869,936,578)
0 0
245,908,831 3,158,000 23,951,042 98,870,519 98,811,387
620,134
28,122,176
235,850,010 5,508,750 54,732,103 1,900,000 49,186,936
188,375,722 35,282,461 4,962,356
0 10,745,889 3,774,785 29,034,384 3,884,639 3,693,967 13,524,863
293,520 2,907,636

TUESDAY, MARCH 23, 1999

2223

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

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 19,434,853 1,250,000
1,608,000 382,597
4,340,000 1,689,931 24,282,893
267,333 100,000 8,000,000 500,000 1,164,604 15,401,810 274,395 5,695,263,965
0 5,017,942,552

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

$

11,311,217

$

51,460,563

$

1,315,708

$

8,360,361

$

7,490,421

$

19,807,783

$

0

$ 5,574,917,041

$

6,034,232

$

5,106,461

$

6,305,163

$

3,155,015

$ 5,695,263,965

$

9,316,334

$

45,606,030

$

1,238,119

$

6,071,799

$

509,849

$

18,411,689

$

0

$ 4,919,307,775

$

5,623,545

$

4,866,934

$

5,824,421

$

1,166,057

$ 5,017,942,552

B. Budget Unit: Lottery for Education ..........................................$ Pre-Kindergarten - Grants ...........................................................$

266,320,328 217,584,428

2224

JOURNAL OF THE HOUSE

Pre-Kindergarten - Personal Service...........................................$ Pre-Kindergarten - Operations ....................................................$ Applied Technology Labs ..............................................................$ Financial and Management Equipment......................................! Alternative Programs....................................................................$ Educational Technology Centers..................................................$ Distant Learning...........................................................................! Technology Specialist ....................................................................$ Capital Outlay ...............................................................................$ Post Secondary Options ................................................................$ Learning Logic Sites .....................................................................$ Assistive Technology .....................................................................$ Computers in the Classroom........................................................$ Total Funds Budgeted...................................................................! Lottery Funds Budgeted...............................................................!

2,051,953 5,148,630
0 0 0 858,000 936,000
0 0 4,500,000 0 2,500,000 32,741,317 266,320,328 266,320,328

Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System ...............................$ Personal Services......................................................,....................! Regular Operating Expenses........................................................! Travel..............................................................................................! Motor Vehicle Purchases...........,...................................................! Equipment......................................................................................! Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................! Benefits to Retirees.......................................................................! Total Funds Budgeted...................................................................! State Funds Budgeted..................................................................$

0 2,544,600
235,100 22,000
0 1,450 556,432 327,900 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..................................................................$

35,995,572 29,908,389
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 41,241,827 35,995,572

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and

2,017,895 ! 34,900,337 !

19,684 31,820,448

TUESDAY, MARCH 23, 1999

2225

Support Total

4,323,595 41,241,827

4,155,440 35,995,572

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

59,472,760 43,682,563
6,194,456
435,379
322,360 3,271,595
677,600 380,645 1,022,479 3,062,016 423,667
0 59,472,760 59,472,760

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

4,825,405

25,075,349

9,999,352

19,572,654

$

59,472,760

4,825,405 25,075,349 9,999,352 19,572,654 59,472,760

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 Program Expenses.............................................................$ 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 ......................................................................$

36,166,694 17,703,962 1,082,043
271,569 30,000 89,109 461,884
1,164,007 500,904
7,981,012 3,845,501
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

2226

JOURNAL OF THE HOUSE

Total Funds Budgeted.. State Funds Budgeted.

45,228,248 36,166,694

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
Privitization of Government Services Total

7,034,414 $ 1,093,263 $ 12,156,145 $ 5,418,436 $ 3,891,489 $
405,859 $
1,693,820 $
3,051,724 $ 317,635 $
4,668,836 $
5,496,627 $
0$ 45,228,248 $

7,034,414 790,292
12,156,145 4,750,591 3,693,489
405,859
259,384
587,361 317,635 4,668,836
1,502,688
0 36,166,694

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

1,230,867,918
77,871,549 3,116,580 1,721,500 1,573,678 147,113 4,760,560 10,487,977
45,406,656 10,750,124
0 47,486,389 57,637,804
123,714 835,252 24,891,771
0 0 286,810,667 3,982,840 164,672,251

TUESDAY, MARCH 23, 1999

2227

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

1,106,860
4,140,637 8,137,042
8,490,431 47,486,389
1,309,648 131,906
85,019,277 5,592,397
632,674 3,407,244 11,377,254 6,629,707 6,581,557 1,979,505 7,014,375 10,345,535
0 1,336,116 72,751,488 1,728,303 1,612,322 286,810,667

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 ConstructionPostage..................................................... Medical Benefits ..................................... Total Funds Budgeted........................... Indirect DOAS Services Funding.......... State Funds Budgeted ...........................

Departmental Functional Budgets

Total Funds

District Health Administration

12,946,284

State Funds

$

1,106,860

$

4,140,637

$

5,768,900

$

8,115,431

$

34,335,726

$

1,309,648

$

131,906

$

47,937,806

$

4,342,901

$

622,674

$

3,380,675

$

5,719,338

$

2,418,782

$

5,499,670

$

1,979,505

$

7,011,909

$

795,531

$ (15,265,356)

$

1,336,116

$

42,306,125

$

1,628,303

$

49,164

$ 164,672,251

50,399,199 75,185,904
845,166 0
195,367 1,322,100 5,147,854
0 988,294 334,732 18,030,389 141,315,899
0 190,382 4,222,222 298,177,508 324,160 160,606,344

State Funds

$

12,861,747

2228

JOURNAL OF THE HOUSE

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

$

1,451,728 $

$

1,773,195 $

$

2,150,085 $

$

4,729,381 $

$

4,967,119 $

$

3,186,292 $

$

11,164,563 $

$

84,198,994 $

$

70,013,628 $

$

13,393,781 $

$

3,690,518 $

$

1,829,690 $

$

1,952,575 $

$

1,613,347 $

$

5,866,530 $

$

845,350 $

$

922,855 $

$

2,754,764 $

$

226,333 $

$

160,127 $

$

4,313,435 $

$

2,043,080 $

$

453,245 $

$

2,032,220 $

$

560,901 $

$

2,028,783 $

$

6,979,381 $

$

186,876 $

$

12,182,612 $

$

10,478,458 $

$

13,363,514 $

$

163,930 $

$

13,553,934 $

$

0$

$ 298,177,508 $

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...........................

1,173,625 1,448,020 1,037,473 3,962,562
4,967,119 1,071,786 5,973,106
0 69,065,490 6,707,955
2,314,805 1,718,963 1,375,707
0 4,327,851
655,972 667,012 1,226,254 226,333 160,127 4,313,435 1,766,381 310,607 1,770,595 560,901 1,516,910 6,709,381 186,876 7,622,605 2,351,130 3,012,502
146,433 11,121,580
(1,724,899) 160,606,344
84,774,755 11,510,741
1,567,496 50,582 750,000
5,157,160 10,827,699
302,541 2,360,907 32,289,559
735,245 11,963,883
255,000 859,650 649,007 164,054,225

TUESDAY, MARCH 23, 1999

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

62,151,497 848,949 511,903
10,471,695 1,703,053
744,540 46,924,474 12,038,051
28,660,063 164,054,225

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 Enforcement Temporary Assistance for Needy
Families SSI - Supplemental Benefits

571,110 3,948,568 2,824,216 4,358,055 11,727,646 1,414,691 2,486,614 5,102,565 40,269,205
213,387,764 1,122,012

2229
100,000 25,156,178

State Funds

$

13,442,703

$

413,969

$

511,903

$

2,851,205

$

595,138

$

744,540

$

0

$

677,526

$

5,919,194

$

25,156,178

21,678,929 4,201,014
802,623 0
443,950 3,695,697 27,133,035
0 1,096,679 4,150,439 223,678,326 7,087,433 290,045,339 36,016,860 2,037,559
356,494,495 978,562,378
0 361,366,593

State Funds

$

571,110

$

3,436,527

$

2,544,913

$

4,358,055

$

1,447,273

$

1,414,691

$

1,480,823

$

3,206,455

$

4,727,798

$

48,247,444

$

1,122,012

2230

JOURNAL OF THE HOUSE

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

$

2,795,420 $

0

$

7,223,130 $

0

$ 123,632,305 $

60,678,281

$ 103,149,456 $

$

3,190,752 $

40,130,107 0

$

8,895,675 $

2,776,636

$

71,833,381 $

35,806,261

$

23,476,986 $

9,021,901

$

25,506,692 $

8,840,833

$

45,557,515 $

15,861,742

$

4,290,503 $

2,520,990

$

38,060,179 $

24,894,367

$

16,053,415 $

11,680,907

$

6,646,142 $

5,798,815

$

19,610,612 $

14,010,181

$

10,044,785 $

8,218,081

$ 173,320,622 $

50,186,937

$

3,911,923 $

3,871,923

$

4,150,439 $

4,150,439

$

0 $ (9,638,909)

$ 978,562,378 $ 361,366,593

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

293,295,312 52,657,744 200,000 10,063,915 1,962,161 353,690,083 711,869,215 1,313,100 519,066,552

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

37,036,140 $ 16,131,278 $
27,830,705 $
42,239,588 119,485,723 $
17,726,875 $
54,132,832 $ 20,153,444 $
3,979,277 $

22,245,428 14,242,886
18,595,919
34,817,049 76,153,009
16,810,646
26,227,207 17,998,370 3,053,581

TUESDAY, MARCH 23, 1999

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

1,128,850 $
564,692 $ 178,206,045 $
96,290,786 81,841,045 9,938,434 5,183,501 711,869,215

Budget Unit Object Classes: Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel.... ..........................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts .....................................................$ Computer Charges.........................................................................$ Telecommunications ......................................................................$ Operating Expenses ......................................................................$ Community Services......................................................................$ Case Services.................................................................................! Children's Trust Fund ..................................................................$ Cash Benefits.................................................................................$ Special Purpose Contracts............................................................! Service Benefits for Children.......................................................$ Purchase of Service Contracts .....................................................$ Grant-In-Aid to Counties..............................................................$ Major Maintenance and Construction.........................................$ Utilities. ..........................................................................................$ Postage. ...........................................................................................$ Payments to DMA-Community Care...........................................$ Grants to County DFACS - Operations ......................................$ Medical Benefits ............................................................................$

Section 16. Department of Industry, Trade and
Tourism. Budget Unit: Department of Industry, Trade and
Tourism........................................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................! Travel............ ..................................................................................$ Motor Vehicle Purchases...............................................................! Equipment......................................................................................! Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts.....................................................! Local Welcome Center Contracts.................................................! Marketing.......................................................................................! Georgia Ports Authority Lease Rentals......................................! Foreign Currency Reserve............................................................! Waterway Development in Georgia.............................................! Lanier Regional Watershed Commission....................................! Georgia World Congress Center...................................................!

2231
991,362
0 172,274,914
65,118,307 39,291,808
6,848,643 4,397,423 519,066,552
528,019,744 94,014,239
4,936,785 1,824,260 1,536,430 14,935,517 53,596,565 45,709,197 15,196,004 52,657,744 353,690,083 32,289,559 4,150,439 223,678,326 8,157,410 337,531,728 123,648,936 141,315,899 2,340,875 10,923,565 3,712,200 24,891,771 356,494,495 4,222,222
26,897,846 11,634,405
1,454,492 562,389 45,000 93,724 409,336 844,245 422,215
1,566,887 250,600
8,139,553 0 0
50,000 0
1,425,000

2232

JOURNAL OF THE HOUSE

Total Funds Budgeted.. State Funds Budgeted.

26,897,846 26,897,846

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Georgia Legacy Strategic Planning and
Research Total

$

12,608,047

$

4,380,423

$

1,921,547

$

4,229,658

$

965,270

2,792,901 26,897,846

12,608,047 4,380,423 1,921,547 4,229,658
965,270
2,792,901 26,897,846

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..........................

15,341,852 14,233,146
683,241 371,713 95,000
34,275 146,378 784,991 317,912 144,658
0 16,811,314 15,341,852

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

4,650,676 5,672,360
605,057
5,058,822 824,399
16,811,314

4,650,676 5,672,360
605,057
3,589,360 824,399
15,341,852

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

244,981,361 144,091,378 14,543,151
1,346,330 291,576 512,674
2,565,688 1,983,856 1,951,488 19,578,449 3,678,520
652,485 0

TUESDAY, MARCH 23, 1999

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 Office of Training Total

53,022,499 19,130,568 11,903,757 7,169,215 8,013,043 17,129,644 29,246,097 12,381,105 24,077,139
528,224 1,143,330 26,541,199
0 2,500,815
563,529 4,111,143 32,537,023 1,538,348 251,536,678

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...............................................

2233
25,599,825 34,741,258
0 0 251,536,678 244,981,361
State Funds
51,415,421 18,448,806 11,397,327 6,919,231 7,692,671 16,461,554 28,415,922 12,021,105 23,814,644
528,224 1,143,330 25,582,866
0 2,500,815
563,529 4,021,143 32,516,425 1,538,348 244,981,361
11,854,273 79,196,888 6,580,372
1,419,181 0
413,385 2,179,103 1,920,544 1,759,042
54,500,000 5,402,607
0 1,287,478
0 154,658,600 11,854,273
14,624,689 13,921,100
717,235 199,322

2234

JOURNAL OF THE HOUSE

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

21,000 17,350 305,201 826,548 162,924 16,160,000 147,000 32,477,680 14,624,689

Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services.................................................$ Personal Services...........................................................................! Regular Operating Expenses........................................................! Travel..............................................................................................$ Motor Vehicle Purchases...............................................................! Equipment......................................................................................! Computer Charges.........................................................................! Real Estate Rentals ......................................................................$ Telecommunications......................................................................! Per Diem, Fees and Contracts.....................................................! Medicaid Benefits, Penalties and Disallowances.....................................................................! Audit Contracts.............................................................................! Total Funds Budgeted...................................................................! State Funds Budgeted ..................................................................$

1,216,533,658 20,915,569 5,761,605 323,200 0 59,000 40,793,240 922,375 609,000 63,680,320
3,279,226,252 1,097,500
3,413,388,061 1,216,533,658

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

1,874,156
3,279,226,252 47,330,252 6,483,432
3,403,984
3,707,800
7,551,082 7,588,468 4,102,619 52,120,016 3,413,388,061

!

862,761

$ 1,185,128,206

$

14,457,315

$

2,437,118

!

1,521,556

!

1,799,755

$

2,636,861

$

3,026,094

!

2,004,846

$

2,659,146

$ 1,216,533,658

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.........................................

17,189,386 418,478 120,254 50,000 0 1,155

TUESDAY, MARCH 23, 1999

2235

Computer Charges.........................................................................$ Real Estate Rentals ......................................................................$ Telecommunications ......................................................................$ Per Diem, Fees and Contracts .....................................................$ PeachCare Benefits .......................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted..................................................................$

250,000 0
12,350 5,325,376 55,526,847 61,704,460 17,189,386

Section 22. Merit System of Personnel
Administration. Budget Unit: Merit System of Personnel
Administration ............................................................$ Personal Services...........................................................................$ Regular Operating Espeaaea........................................................^ 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 ..................................................................$

0 9,624,670 1,871,612
101,147 31,000 903,086 301,559,026 3,411,485 357,867 974,927,057 1,292,786,950
0 3,924,324 10,187,427 1,278,326,826
348,373 0

Departmental Functional Budgets

Total Funds

State Funds

Executive Office

$

1,723,686 $

0

Human Resource Administration

$

4,694,838 $

0

Employee Benefits

$ 1,281,384,810 $

0

Internal Administration

$

4,983,616 $

0

Children's Health Insurance

Program

$

0$

0

Total

$ 1,292,786,950 $

0

Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources ...............................................................$ Personal Services...........................................................................$ Regular Operating Expenses........................................................$ Travel..............................................................................................$ Motor Vehicle Purchases...............................................................$ Equipment......................................................................................$ Real Estate Rentals ......................................................................$ Per Diem, Fees and Contracts.....................................................$ Computer Charges.........................................................................$ Telecommunications......................................................................^ Authority Lease Rentals...............................................................$ Advertising and Promotion...........................................................$ Cost of Material for Resale ..........................................................$ Capital Outlay:

104,322,654 79,461,349 14,125,653
670,557 1,683,825 2,231,981 2,477,014 7,382,858
774,458 1,318,709
0 675,000 1,285,056

2236

JOURNAL OF THE HOUSE

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..................... 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..................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources

$

5,209,101

$

5,405,177

$

2,770,584

$ 38,780,933

$

2,409,952

$ 37,923,133

1,831,176 2,875,500
243,750
722,330 350,000 1,300,000 74,250
0
500,000
800,000 341,000
0 0
0 0
170,047 209,438
300,000
0 143,000 7,595,077 6,132,574
2,578,492 100,000
1,000,000 139,353,094
892,085
0
2,663,931
1,432,064 200,000
104,322,654
State Funds
5,194,101 5,405,177 2,280,584
19,512,185 2,285,234 32,576,342

TUESDAY, MARCH 23, 1999

2237

Environmental Protection Pollution Prevention
Assistance Total

$

45,916,699 $

36,131,516

$

937,515 $

937,515

$ 139,353,094 $ 104,322,654

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 3,050,798 2,200,778
25,000 0
195,000 40,000
0 70,000 795,000
0 6,376,576
0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition Authority

$

6,376,576 $

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

107,104,583
64,997,358 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
83,829,419 1,650,000
82,179,419

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

20,226,420 1,112,113 61,941 0 62,343 0 47,262 273,300 69,000 0

2238

JOURNAL OF THE HOUSE

Conviction Reports ........................................................................$ State Patrol Posts Repairs
and Maintenance .......................................................................$ Driver License Processing............................................................$ Total Funds Budgeted...................................................................$ Indirect DOAS Service Funding..................................................$ State Funds Budgeted..................................................................$

303,651
34,900 2,734,234 24,925,164
0 24,925,164

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

$

22,544,867 $

21,044,867

$

24,925,164 $

24,925,164

$

61,284,552 $

61,134,552

$ 108,754,583 $ 107,104,583

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

14,447,504
8,486,817 2,553,964
83,389 80,541 172,746 158,185 160,247 266,073 413,531 2,425,200 3,578,582
0 18,379,275 14,447,504

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

$

3,163,294 $

381,523

$

1,523,510 $

1,523,510

$

1,185,709 $

1,095,709

$

1,159,178 $

1,049,178

$

460,750 $

460,750

$

10,886,834 $

9,936,834

$

18,379,275 $

14,447,504

Section 25. Public School Employees'
Retirement System. Budget Unit: Public School Employees' Retirement
System .........................................................................$ Payments to Employees' Retirement
System.........................................................................................$

18,602,000 575,000

TUESDAY, MARCH 23, 1999

2239

Employer Contributions.. Total Funds Budgeted...., State Funds Budgeted...,

18,027,000 18,602,000 18,602,000

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 ..............................

9,221,609 8,650,722
599,588 255,400 237,624 58,306 378,286 327,795 220,072 1,334,291 12,062,084 9,221,609

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

2,801,932

$

4,181,046

$

5,079,106

$

12,062,084

2,801,932 1,613,882 4,805,795 9,221,609

Section 27. Board of Regents, University
System of Georgia. A. Budget Unit: Resident Instruction ............................................$ Personal Services:
Educ., Gen., and Dept. Svcs.........................................................$ Sponsored Operations ...................................................................$ Operating Expenses: Educ., Gen., and Dept. Svcs.........................................................$ Sponsored Operations ...................................................................$ Special Funding Initiative............................................................$ Office of Minority Business Enterprise......................... ..............$ Student Education Enrichment Program ...................................$ Forestry Research..........................................................................$ Research Consortium ....................................................................$ Capital Outlay ...............................................................................$ Total Funds Budgeted............................................. ......................$ Departmental Income....................................................................$ Sponsored Income..........................................................................$ Other Funds...................................................................................$ Indirect DOAS Services Funding.................................................$ State Funds Budgeted ..................................................................$

1,407,280,159
1,529,074,116 215,731,047
371,180,532 637,169,805 46,940,528
1,131,712 365,217 979,646
4,535,000 185,000
2,807,292,603 103,648,940 852,900,852 440,423,152 3,039,500
1,407,280,159

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

200,005,882
301,763,582 116,575,795
130,825,484 68,133,453

2240

JOURNAL OF THE HOUSE

Fire Ant and Environmental Toxicology Research......................................................................................$
Agricultural Research ...................................................................$ Advanced Technology Development Center/
Economic Development Institute .............................................$ Seed Capital Fund - ATDC ..........................................................$ 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 ..................................................................$

0 2,683,909
17,900,052 2,500,000
4,347,200 1,950,313
175,000 8,110,000 7,394,890
300,000 5,184,122 5,267,875 1,520,467
600,000 0
1,387,150
127,604
16,193,250 474,240 30,000 600,000
694,044,386 3,576,811
195,411,819 294,506,374
543,500 200,005,882

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Advanced Technology Development
Center/Economic Development Institute Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia Hospital and Clinics Veterinary Medicine Experiment Station Veterinary Medicine Teaching Hospital Georgia Board for Physician Workforce

2,411,940 $ 5,247,450 $ 1,857,769 $ 111,017,128 $
20,400,052 71,690,038 57,718,173
351,835,837
3,334,563
5,282,120
27,454,619

1,548,915 1,747,781 1,091,077 9,969,762
10,913,343 43,731,403 35,219,986
35,739,071
3,334,563
547,294
27,454,619

TUESDAY, MARCH 23, 1999

2241

Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total

3,625,810 $
3,458,128 $ 28,710,759 $ 694,044,386 $

0
104,158 28,603,910 200,005,882

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 10,693,587 8,576,118 3,889,958 4,702,234 27,861,897 27,861,897
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 25,966,000 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.........................................................................$ 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......................................................$ Homeowner Tax Relief Grants.....................................................$ Total Funds Budgeted...................................................................$ Indirect DOAS Services Funding.................................................$ State Funds Budgeted ..................................................................$

182,208,105 65,316,969
5,194,173 1,137,518
209,605 313,114 11,211,564 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
187,586,560 3,845,000
182,208,105

Departmental Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit

21,015,083 $ 5,388,828 $ 9,116,330 $ 17,643,052 $ 8,710,359 $

21,015,083 5,238,828 8,101,130 17,503,052 8,410,359

2242

JOURNAL OF THE HOUSE

Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit State Board of Equalization Taxpayer Accounting Alcohol and Tobacco Total

17,594,280 8,613,241 87,715,302 4,555,574
20,000 4,531,401 2,683,110 187,586,560

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

4,372,012 5,136,308 2,594,443 2,056,834 4,523,184 1,351,977
349,165 10,451,204
246,397

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............................

16,294,280 8,613,241 85,981,847 4,455,574
20,000 3,891,601 2,683,110 182,208,105
30,036,524 19,025,603 3,142,089
235,650 168,720 132,876 3,002,695 2,549,846 805,637 1,377,508 640,900 31,081,524 30,036,524

State Funds

$

4,342,012

$

5,061,308

$

1,874,443

$

2,006,834

$

4,503,184

$

1,351,977

$

349,165

$ 10,301,204

$

246,397

$ 30,036,524

2,295,018

'175^00 18,000 30,000 7,665 268,033 170,085 62,000 133,000
2,295,018 2,295,018

TUESDAY, MARCH 23, 1999

2243

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

$

2,295,018

2,335,018

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

2,213,295 1,468,506
389,285 39,850 28,914 13,253 10,300 122,258 26,926 415,407 58,846 2,573,545 2,213,295

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

32,925,800 532,701 22,680 18,600 0 5,500 25,233 59,589 18,691 52,653 0
4,610,455 25,735,636
0
81,700 320,625
65,075 95,000
767,950
0 513,712 32,925,800 32,925,800

2244

JOURNAL OF THE HOUSE

Departmental Functional Budgets

Total Funds

State Funds

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary Education Commission
Total

32,190,153 $
735,647 $ 32,925,800 $

32,190,153
735,647 32,925,800

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

3,515,000 6,327,632
342,300 20,500
0 3,950 971,717 527,355 184,987 329,300
0 3,300,000
215,000
12,222,741 3,515,000

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.....................................................!

257,050,782 7,365,399 598,890 177,380 0 184,271 784,529 450,787

TUESDAY, MAECH 23, 1999

2245

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

1,009,682 146,786
16,251,603 6,045,458 1,104,526
8,025,736 330,000
195,659,984 59,198,051 6,218,967 19,420,938 3,600,628
8,733,492 335,307,107 257,050,782

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional
Programs Total

10,717,724 $
324,589,383 335,307,107 $

7,634,074
249,416,708 257,050,782

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

575,390,231 265,143,196 62,077,029
2,038,150 2,014,565 7,899,810 15,058,380 1,336,773 3,863,919 67,848,518 1,004,132,994
3,241,866 7,993,283
710,855

2246

JOURNAL OF THE HOUSE

Passenger Authority ..................................................................$ Total Funds Budgeted...................................................................$ State Funds Budgeted ..................................................................$

337,838 1,443,697,176
575,390,231

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 1,136,834,136 $

$ 236,825,931 $

$

17,859,379 $

$

34,571,796 $

$ 1,426,091,242 $

290,568,554 224,343,946
17,299,379 33,788,121 566,000,000

General Funds Budget

Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways
Activities Total

$

25,000

$

0

$

2,985,502

$

13,884,577

$

710,855

$

17,605,934

25,000 0
2,507,391 6,146,985
710,855 9,390,231

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.......................................

20,222,285 5,242,410 279,436 92,245 0 163,057 9,780 269,784 82,020 14,389,340
7,741,329
692,500 28,961,901 20,222,285

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Education and Training Veterans Nursing
Home-Augusta Total

$

20,587,329 $

15,109,260

$

330,243 $

0

8,044,329 $ 28,961,901 $

5,113,025 20,222,285

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.... Personal Services............................................. Regular Operating Expenses.......................... Travel................................................................

11,694,092 9,482,306
428,815 126,600

TUESDAY, MARCH 23, 1999

2247

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 11,884,092 11,694,092

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) ...................................................$
$

440,043,915 35,000,000 475,043,915

B. Budget Unit: State of Georgia General

Obligation Debt Sinking Fund

State General Funds (New) .........................................................$

0

Motor Fuel Tax Funds (New).......................................................$

0

$

0

Section 38. Provisions Relative to Section 3, Judicial Branch. The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the 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 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.

2248

JOURNAL OF THE HOUSE

Provided, that the department shall provide a consolidated report to the General Assembly 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 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 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 Alamo
City of Newnan Augusta/Richmond
County
Augusta/Richmond County Board of Education
City of Waynesboro
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 in Richmond County
Improvement funds for city park in Riverdale
$5,000 each to West Clayton Elementary, E.W. Oliver Elementary, Northcutt Elementary, Church St. Elementary, and Riverdale Elementary

$ 25,000 $ 20,000
$ 37,000
$ 30,000 $ 65,000 $ 50,000 $ 10,000

TUESDAY, MARCH 23, 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

for playground equipment; $10,000 for North Clayton High (band uniforms); $10,000 each for operating expenses for Pointe South Middle, North Clayton Middle, Riverdale Middle, and Riverdale High School Renovation and equipment Greater Gwinnett Athletic Association Lions Club Park in Lilburn Purchase equipment for Berkmar Diamond Booster Club at Berkmar High School in Gwinnett County Upgrade softball field in Cobbtown Glennville Recreation Department upgrade fences for three fields and storage building for equipment/ supplies Purchase band uniforms and instruments in Tattnall County Schools Instructor for Tattnall County STAR program Sidewalks from band room to football field in Tattnall County Schools Purchase playground equipment for Riversedge Elementary in Clayton County Purchase 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 County Operation of Boys and Girls Clubs in Jones County Equip and repair fire truck in Toomsboro 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 tennis courts at Lowndes County High School

2249
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

2250
Lowndes County
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

JOURNAL OF THE HOUSE
Pave drive and parking area of Boys and Girls Club of Valdosta in Lowndes County
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 Autry 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 School in Henry County Purchase/install lighting system for women's softball field at Henry County High School Purchase land to develop a recreation complex in Greene County

$ 15,000

$ 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

Oglethorpe County
Greene County
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 Columbus
Chatham County
City of Tybee Island Fulton County Liberty County
Liberty County Liberty County Board
of Education

TUESDAY, MARCH 23, 1999
Bryan Park-Purchase of playground equipment and site construction in Oglethorpe County
Restoration of historic Greensboro Gymnasium in Greene County
Purchase/install 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 Center Complex in Chatham County
Replacement or renovation of police department building in Adairsville
Purchase water pump for water system in Cave Spring
Purchase band uniforms for Pepperell High School in Floyd County
Construct a community center for Taylor Park in Duluth
Operating funds for Bleckley Fire Department
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 Repair roof on the Imperial Theater
in Richmond County Purchase 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 Columbus Operation of Historic Lucas Theater
in Chatham County Tybee Island Lighthouse restoration Operating funds for Atlanta Fulton
Action Agency Fleming Volunteer Fire Department
equipment purchase in Liberty County Purchase equipment for Walthourville
Fire Department in Liberty County Repair and renovation at alternative
school/psycho-ed center in Hinesville, Liberty County

2251

$ 20,000

$

7,500

$ 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

2252
Gwinnett County Board of Education
Gwinnett County Board of Education
City of Waycross Ware County 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
City of Albany 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

JOURNAL OF THE HOUSE
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 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 in Dougherty County Construct fire station #4 in Miller
County Purchase/install street lights for
community building in Manchester Operating funds for the recreation
facility at Greenville High School in Meriwether County Purchase/install lights for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb
County Lights for 8th Avenue ball field
in City of Albany 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 senior citizen building in Fort Gaines

25,000 25,000 15,000 25,000 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

TUESDAY, MARCH 23, 1999

Quitman County City of Cuthbert
Clay County Clay County Quitman County Board
of Education Quitman County
City of Dalton Lee County
Webster County Marion County Board
of Education Calhoun County Board
of Education City of Dawson Terrell County Columbia County
Board of Education Columbia County
Board of Education Columbia County
Board of Education Columbia County
Columbia County
Columbia County Board of Education
DeKalb County Athens/Clarke County
Athens/Clarke County Athens/Clarke County Clarke County

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
Operating expenses for EMS/ambulance services in Clay County
Renovation of building for pre-K and headstart programs in Quitman County
Renovation of doctor's office at the Stewart/Webster Rural Clinic in Quitman County
Operation of Northwest Georgia Girl's Home in Dalton
Provide and improve lights at Lee County Pee Wee and Pony League Fields
Repair of courthouse in Webster County Construct track at football field for
Marion County Schools Resurface track at Calhoun County
High School Install central air and heating at
Carnegie Library in Dawson Repair to clock and steeple at
courthouse in Terrell County Renovation and improvements to
stadiums at Evans High School in Columbia County Improvements to girl's softball field at Evans High School in Columbia County Purchase of band uniforms for Lakeside High School in Columbia County Purchase of communications equipment for Columbia County Sheriffs Department Landscape, erosion control and improvements to playground at Blue Ridge Elementary in Columbia County Playground improvements at South Columbia Elementary Repair and restoration of Dresden Park in DeKalb County Grand Slam project-provide recreational and educational activities in Athens/Clarke County Operation of Athens Tutorial Program Operation of Creative Visions Foundation in Athens/Clarke County Operation of Strong Day Recovery Residence in Clarke County

2253
5,000
10,000 15,000 10,000
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

2254
City of East Point
DeKalb County
DeKalb County
Douglas County 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

JOURNAL OF THE HOUSE
Transportation for therapeutic recreation program participants in East Point
Operation of Scottdale Child Development & Family Resources Center of Central DeKalb
Clarkston Community Center Foundation for Old Clarkston High renovations in DeKalb County
Purchase equipment for Lithia Springs 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 for City of Warwick
Purchase fire station and equipment for City of 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
Purchase/install 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 Sparks Police
Department Purchase fire fighting equipment for
volunteer fire department in City of Enigma Operation of Augusta-Richmond County Fire Rescue Safety House

50,000
20,000
25,000 5,000 10,000 25,000 5,000 50,000 10,000 10,000 5,000 10,000 10,000 10,000
15,000 100,000
500,000 5,000 7,500 10,000 7,500 10,000 10,000
7,500 10,000

Augusta/Richmond County
Augusta/Richmond County
Richmond County Ben Hill County
City of Fitzgerald
Wilcox County
Irwin County
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

TUESDAY, MARCH 23, 1999
Installation of a therapeutic whirlpool at Belle Terrace Swim Center-Augusta Recreation and Parks Department
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 in Ben Hill County Construct an American Legion Memorial in City of Fitzgerald Expansion of existing building to accommodate expansion of City Hall in Wilcox County Repair and renovation work to Irwin County Courthouse Repair and restoration of monument on courthouse square in Irwin County Purchase of equipment for Irwin County High Marching Band Construction of Wilcox County Little League ballpark Purchase equipment for Wilcox County ROTC Repair to Wilcox County auditorium Purchase metal building for Cedar Creek Volunteer Fire Department Operating funds for Emanuel County Purchase of computer and software for the Gibson Police Department Construction of an auxiliary fire station in Glascock County Taliaferro County Volunteer Fire Department - 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 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

2255

$

5,000

$ 25,000 $ 25,000

$ 10,000 $ 10,000

$

5,000

$ 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

2256

JOURNAL OF THE HOUSE

City of Savannah

Preservation of W.W. Law Community

Center in Savannah

$ 10,000

City of Savannah

Operating expenses for the Savannah

Midtown Community Center

$ 10,000

City of Savannah

Procurement of Archive and Library

for memorabilia of Ralph Mark

Gilbert in Savannah

$

5,000

Town of Thunderbolt

Purchase playground equipment for

Honey Park, River Drive Park and

Nellie Johnson Park in Thunderbolt

$

5,000

Town of Thunderbolt

Purchase equipment for fire vehicles

and volunteer firefighters in

Thunderbolt

$ 10,000

Peach County

Refurbish courthouse facade in Peach

County

$ 25,000

City of Montezuma

Provide downtown parking spaces for

City of Montezuma

$ 45,000

Franklin County

Purchase equipment for Gumlog

Volunteer Fire Department in

Franklin County

$ 10,000

Stephens County

Purchase equipment for Tates Creek

VFD and renovate Carnes Creek VFD

facilities in Stephens County

$ 20,000

Stephens County

Purchase/install 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 a building at 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 Operating expenses for Operation

of Education

Dignity in DeKalb County schools

$ 15,000

DeKalb County

Operation of neighborhood after

school programs in DeKalb County

$ 15,000

DeKalb County

Purchase school supplies for Decatur

Arts Academy

$

2,000

DeKalb County

Purchase of equipment and supplies

for DeKalb County Sheriff Reserve

$

2,000

City of Sylvania Screven County City of Harrison Jefferson County Jefferson County Washington County Bibb County Bibb County Bibb County Bibb County 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
Bulloch County
City of Portal Jenkins County Athens/Clarke County
Elbert County

TUESDAY, MARCH 23, 1999
Purchase playground equipment for City of Sylvania
Renovation of Screven County Agricultural Center
Completion of a park in City of Harrison
Purchase equipment for Jefferson County Sheriff Department
Completion of park project in Jefferson County
Refurbish T.J. Elder Community Center in Washington County
Provide funds for a feasibility study for a stadium in Bibb County
Operate the Adopt-a-Role Model in Bibb County
Operating funds for the Hay House in Bibb County
Operating funds for the Douglas Theater in Bibb County
Operating funds for the Harriette Tubman Museum in 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 School in DeKalb County
Operate the Soar to Success Reading Program at Flat Shoals Elementary School in DeKalb County
Purchase educational materials for Gresham Park Elementary after school and tutorials programs in DeKalb County
Repair of pre-Civil War cannon through the Marietta Museum of History
Operating funds for the Marietta Museum of History
Playground enhancements at five elementary schools in Marietta
Correct water drainage problem at recreation complex in Millen
Purchase equipment and supplies for the communications center in Candler County
Construct restroom building adjacent to soccer complex at Mill Creek Park, Statesboro in Bulloch County
Purchase trash truck for City of Portal
Jenkins County Development Authorityrenovate train depot in Millen
Repairs to Rutland Psycho Educational Services Center in Athens/Clarke County
Elbert County Airport improvements

2257

$ 25,000 $ 50,000 $ 25,000 $ 20,000 $ 50,000 $ 25,000 $ 75,000 $ 15,000 $ 30,000 $ 50,000 $ 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

2258 Elbert County Lincoln County Lincoln County
Wilkes County
DeKalb County
DeKalb County DeKalb County Board
of Education DeKalb County Board
of Education DeKalb County
DeKalb County Toombs County
City of Lyons
City of Mt. Vernon City of Vidalia
Wheeler County
City of Jesup City of Ludowici City of Odum City of Odum City of Screven Wayne County Board
of Education Wayne County Chatham County Chatham County

JOURNAL OF THE HOUSE
Replace worn out band instruments Elbert County High School
Purchase pagers and light turnout gear for Lincoln County Rescue
Purchase equipment for Midway Volunteer Fire Department 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 in DeKalb County
Operation of Columbia Community Connection's Father to Father Men's services program in DeKalb County
Operation of Georgia Strike Out Stroke Committee in DeKalb County
Construct restrooms for community center at Cedar Crossing Area in Toombs County
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 City of Screven 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 in Chatham County Operating funds for Bamboo Farm and Coastal Gardens in Chatham County

$

3,000

$

5,000

$

5,000

$ 15,000

$ 75,000 $ 25,000

$

6,000

$

8,000

$

7,500

$

7,500

$

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

TUESDAY, MARCH 23, 1999

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
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

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 Fire Department Operation of STAR program in Baldwin County Schools Construct multi-purpose facility in Johnson County Schools Repairs/renovation of Emanuel County Arts Council facility 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 in McCaysville Renovate city park in McCaysville Grounds work at the Chief Van House in Murray County

2259

$ 10,000 $ 50,000 $ 50,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 50,000

$ 25,000

$ 30,000

$ 10,000

$ 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

2260
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
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

JOURNAL OF THE HOUSE
Study downtown parking in McCaysville Furnish new City Hall in McCaysville Renovation of gym in Blakely Purchase equipment for volunteer
rescue squads 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 funds and equipment at Canon City Community Center 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 in Effingham County 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, Effingham County Purchase fire fighting equipment for Sand Hill Fire Department 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 hi Bibb County Operating funds for Mid Georgia Council on Drugs in Bibb County

$ 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

$ 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

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 City of Macon Gwinnett County City of Albany City of Albany City of Gainesville City of Gainesville Georgia Mountain
RDC Hall County 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

TUESDAY, MARCH 23, 1999
Operating funds for the Tubman Museum in Bibb County
Operating funds for Bibb County Teen Court
Purchase equipment and improvements for Byron City Park
Refurbish courthouse facade in Peach County
Operation of Crawford County Recycling Center
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
Purchase/construct a recreation/ sports facility in Macon
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 for Georgia Mountain RDC
Salvation Army Camp Operation of Boys and Girls
Clubs in Georgia 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 delivery
service in Baconton Operating funds and equipment for
volunteer fire departments in Mitchell County Improvements to a recreational complex in Camilla Purchase office equipment and computers for City of Funston

2261
15,000 15,000 5,000 25,000 15,000 50,000 10,000 40,000 10,000
37,000 45,000 20,000 35,000 20,000 40,000 10,000
5,000 5,000 10,000 25,000 5,000 50,000 10,000 10,000
25,000 25,000
5,000

2262
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 Lanier 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

JOURNAL OF THE HOUSE
Upgrade kitchen facilities at SOWEGA Community Action Council
Restoration/preservation of markers and headstones at Smyrna Memorial Cemetery
Construct an athletic facility for Campbell High School in Cobb County
Improvements and repairs to Epworth and Thalmann 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 re-roofing and renovation of school building in Fargo
Operation of Bridges of Hope in Clinch County
Renovate/install canopy at Clinch County Recreation park
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

$ 20,000

$ 20,000

$ 20,000 $ 20,000

$ 20,000

$ 10,000

$ 20,000

$ 10,000

$ 10,000

$ 20,000

$ 10,000

$

5,000

$ 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

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 City of Atlanta
City of Americus Sumter County
City of Andersonville
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

TUESDAY, MARCH 23, 1999
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 Georgia Soccer Club in Coffee County
Purchase radio repeater and tower for Coffee County emergency management
Purchase equipment for West Green Community Center Fire Department in Coffee County
Purchase lighting for Coffee High School practice field
Purchase Coffee County High School 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 Fulton County
Renovate Rylander Theater in Americus Purchase/install outfield fences
and related improvements at Little League field for Sumter County Board of Commissioners Repairs of Holloway Building in Andersonville 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 automated external defibrillators and an air respiration system for City of Barnesville Purchase investigative equipment for police department and recreation improvements on Locust Grove Renovate, enhance and equip City Park of Milner Lamar County Agricultural AuthorityConstruct a show facility Equip Senior Center rooms in Newnan/Coweta County Purchase field lights for baseball field at Heard County High School

2263
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 $ 25,000 $ 25,000 $ 25,000
$ 15,000
$ 15,000
$ 9,000 $ 10,000 $ 50,000 $ 10,000 $ 15,000

2264
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 Offennan
City of Patterson
Pierce County
Pierce County Brantley County
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 Fort Oglethorpe
City of LaFayette

JOURNAL OF THE HOUSE
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 Operating funds for Heritage Fund
to establish and promote historical sites in Patterson Operating funds for Pierce County Lee Street Resource Center Improvements to Lakeview Community Center in Pierce County Operating expenses for constituent services program in Brantley County 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 Fort Oglethorpe Purchase police vehicle cameras for LaFayette Police Department

$ 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

$

5,000

$

5,000

$ 15,000

$ 35,000 $ 50,000

$ 100,000 $ 25,000 $ 15,000

$ 10,000 $ 25,000

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
Columbus/Muscogee County
Columbus/Muscogee County
Fulton County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County

TUESDAY, MARCH 23, 1999
Purchase educational materials and equipment for Rockbridge Elementary in Gwinnett County Schools
Playground repair, enhancement and equipment and math intervention program materials for Nesbitt Elementary School in Gwinnett County
Operate Atlanta Consultant Aftercare Georgia Prison and Parole Task Force
Operate Paradise Baptist Church after school program in Atlanta
Outdoor Kiosk-Highway 21 to 1-95 in Chatham County
Repairs for Cooper Center in Garden City
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 Design and construction for DeKalb
County Children's Shelter for two therapeutic group homes Operate the Play and Learn Together Program in Columbus/Muscogee County Operation of Summer tutorial program by Combined Communities of Southeast Columbus Operation of The Spencer House in Columbus/Muscogee County 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 Education Center Construct storm water flood protection at Zonolite Drive Industrial Park in DeKalb County

2265 $ 25,000

$ 25,000

$ 30,000

$ 25,000

$ 10,000

$

5,000

$ 10,000

$ 10,000

$ 25,000

$ 45,000 $ 12,000

$ 38,000 $ 15,000

$ 25,000 $ 20,000 $ 25,000

$ 50,000

$ 10,000 $ 25,000

$ 10,000

$ 10,000

$ 25,000

2266
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
Rabun County
Rabun County
Rabun County
White County
Walton County Board of Education
City of Warner Robins
City of Warner Robins
City of Perry
Houston County
Uncle Remus Regional Library System

JOURNAL OF THE HOUSE
Construct a permanent location at City Dock for area shrimpers in Brunswick
Purchase computer equipment for Mclntosh County Sheriffs' Department 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
Purchase/install heating and cooling unit for Commerce High School gym
Construction of the City of 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 Youth Vision Industry Business Empowerment, Inc.
Renovate roof at historic Hiawassee City Hall
Renovation of school building in Dillard
Construct sewer extension in Mountain City
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 Recreation Department 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 Perry
Operating funds for the Houston County Arts Alliance
Purchase van for Uncle Remus Regional Library System

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 10,000 10,000 15,000
35,000 15,000
90,000
50,000 25,000 25,000 17,500

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
Cobb County Board of Education
Cobb County Board of Education
Gwinnett County Board of Education
City of St. George
Berrien County
Cook County Board of Education
City of Fargo
Berrien County Board

TUESDAY, MARCH 23, 1999
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 through the Augusta/Richmond Museum in Richmond County Operation of Augusta Easter Seals in Richmond County Training for the Richmond County Marshals Department Technology improvements CSRA Law Enforcement Training Academy in Richmond County Schools Purchase locker locks, new fence for baseball field and landscaping at Westside High School in Richmond County Renovations to and lighting for Clarksdale Village Baseball Fields (Southwest Baseball Association, Inc.) in Cobb County Foundation 2000 for Children improve educational facilities in Cobb County Improve educational facilities for South Cobb High School Education Foundation Construct a stadium facility at South Gwinnett High School Purchase a fire brush truck for the City of St. George Purchase computer system for the Berrien County Sheriff Department Pave sidewalk at Cook County Middle School along Elm Street Renovate Old Fargo Elementary School building Purchase band instruments for Berrien

2267

$ 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
$ 25,000
$ 15,000 $ 75,000 $ 48,000 $ 25,000 $ 50,000 $ 100,000

2268
of Education Camden County Dooly County
Wilcox County
City of Rochelle Athens/Clarke County
Oconee County Board of Education
Bibb County
Twiggs County Board of Education
City of Macon
McDuffie County Board of Education
Lincoln County
Columbia County Board of Education
McDuffie County Board of Education
Gwinnett County
Gwinnett County Board of Education
DeKalb County
DeKalb County
DeKalb County
DeKalb County
Hall County Board of Education
Hall County Board of Education
Hall County
City of Augusta

JOURNAL OF THE HOUSE
County High School Operation of Risk Watch Program at the
Camden County Fire Rescue Unit Purchase/install elevator at the
Dooly County Courthouse Purchase building for Cedar Creek
Volunteer Fire Department in Wilcox County Expand Rochelle City Hall Operation of the NE Georgia Food Bank in Athens/Clarke County Operation of the Agriscience facility at Oconee County High School Operation of the Lighthouse Mission in Bibb County Connect Dry Branch Elementary School to the Macon Water Authority in Twiggs County Operation of the Tubman Museum in Macon Purchase equipment for new band facility for the Thomson High School Band Purchase equipment for Lincoln County Office of Emergency Services Operation of foreign language program in Columbia County schools Purchase computer hardware, software and cable for the Thomson High School band room Install lighting, renovate concessions and other improvements to the Lilburn/Greater Gwinnett Athletic Association/Lions Club Park Improvements to fields and equipment at Berkmar High School in Gwinnett County Operation of Positive Growth, Inc. in DeKalb County Operation of Scottdale Community Planning Council Transitional Home for Women & Girls in DeKalb County Operation of Scottdale Senior Citizen Center in DeKalb Operation of South DeKalb Community Development Corporation Improvements to athletic field at Johnson High School in Hall County Construct an awning to bus loading area at Flowery Branch Elementary School in Hall County Develop nature preserve programs at Elachee Nature Science Center Construct fields and install additional lighting at Master City Little League

$ 10,000 $ 90,528 $ 100,000

$

5,000

$

5,000

$ 25,000

$ 10,000

$ 100,000

$ 100,000 $ 25,000

$ 10,000 $ 10,000 $ 50,000

$

6,500

$ 25,000
$ 50,000 $ 25,000

$ 75,000 $ 25,000 $ 10,000 $ 20,000
$ 10,000 $ 10,000
$ 15,000

City of Augusta Richmond County Richmond County Richmond County
Board of Education Richmond County Warren County Glascock County City of Warrenton Henry County Rockdale County Butts County Newton County City of Euharlee City of Cartersville City of Dallas Paulding County
Board of Education City of Cedartown City of Aragon City of Rockmart City of Atlanta City of Atlanta
Board of Education City of Atlanta
City of Atlanta City of Atlanta
City of Soperton City of Metter Treutlen County

TUESDAY, MARCH 23, 1999
Purchase equipment/install lighting at West Augusta Little League
Purchase equipment for Richmond County Boxing Club
Operation of Hope House for Women in Richmond County
Purchase equipment for new facility at the Davidson School of Fine Arts in Richmond County
Operation of the Golden Harvest Food Bank
Purchase rescue equipment for Warren County
Purchase a police car for the Glascock Sheriff Department
Restoration of historic gymnasium in City of Warrenton
Purchase cameras for the Henry County Police Department
Purchase equipment for the Rockdale County Fire Department
Purchase equipment for the Butts County Fire Department
Purchase cameras for the Newton County Sheriffs Department
Operation of recreation facility in the City of Euharlee
Operation of recreation facility in the City of Cartersville
Renovations to the Dallas Theater and Civic Complex
Operation of Paulding County Board of Education recreation facility
Operation of recreation facility in the City of Cedartown
Operation of recreation facility in the City of Aragon
Operation of recreation facility in the City of Rockmart
Operation of the Vine City Housing Ministry
Renovation of soccer fields at Inman Middle School in Atlanta
Renovation of recreation center at the Community Affairs Ministry in Fulton County
Operation of the Morehouse College Life and History of Black Georgians
Operation of the Outdoor Activity Center after school program in Fulton County
Operation of recreation facility in the City of Soperton
Purchase emergency generators for the City of Metter
Operation and repair of the Treutlen Welcome Center on 1-16

2269
$ 15,000 $ 15,000 $ 15,000
$ 50,000 $ 20,000 $ 12,300 $ 10,000 $ 10,000 $ 45,000 $ 30,000 $ 30,000 $ 30,000 $ 15,000 $ 25,000 $ 100,000 $ 25,000 $ 25,000 $ 10,000 $ 30,000 $ 50,000 $ 25,000
50,000 50,000
50,000 10,000 15,000 10,000

2270
Johnson County
Johnson County
Johnson County Board of Education
Lowndes County
City of Remerton
Thomas County Board of Education
City of Remerton
Brooks County
City of Boston
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Chattahoochee Board of Education
Columbus/Muscogee County
City of Tyrone
City of Tyrone
Douglas County Board of Education
City of Tyrone Douglas County
Jenkins County
City of Reidsville
Tattnall County Board of Education
City of Springfield
Jenkins County
Tattnall County

JOURNAL OF THE HOUSE
Repair pumper truck and equipment for the Scott Volunteer Fire Department in Johnson County
Purchase well, pump and equipment for the Buckeye Volunteer Fire Department in Johnson County
Construct multi-purpose facility for Johnson County schools
Construct a facility at Southside Community Center in Lowndes County
Renovation of downtown area in City of Remerton
Replace carpet in Central High School Gym in Thomas County
Purchase police equipment for City of Remerton
Construct Tallokas Community Fire House in Brooks County
Renovate library to be used as multi-purpose community center in Boston
Operation of Peabody Against Drugs
Operation of BTW Against Drugs
Operation of SW Muscogee Against Drugs
Operation of prison rehabilitation in Muscogee County
Operation of the "Winterfield on the Move" in Muscogee County
Purchase equipment and supplies for the Chattahoochee Board of Education
Operation of the "Veterans Life Action Center" in Muscogee
Construct a sidewalk/path in the City of Tyrone
Construct a concession/restroom facility at the Redwine Community Park in the City of Tyrone
Equipment for integrated info systems technology lab at Lithia Springs High School in Douglas County
Operation of the Tyrone Library Operation of Lithia Springs Library
in Douglas County Repairs to depot/museum chamber
office in Jenkins County Construct shelter for playground at
Reidsville Headstart Operation of the STARR Program in
Tattnall County Schools Match downtown improvement grants
in City of Springfield Construct addition to Agriculture
Center in Jenkins County Purchase echo-cardiogram unit for

$

2,500

$

2,500

$ 25,000

$ 65,000

$ 75,000

$ 15,000

$ 20,000

$ 12,000

$ 20,000

$

5,000

$

5,000

$ 20,000

$ 20,000

$ 25,000

$ 50,000

$ 25,000

$ 40,000

$ 40,000

$ 25,000 $ 20,000

$ 25,000

$

5,000

$

5,000

$ 10,000

$

5,000

$

5,000

Tattnall County City of Dawson
Webster County Board of Education
Lee County City of Fort Valley
City of Byron Peach County Macon County Taylor County Whitfield County Chattooga County
Walker County
City of Dalton White County
Northeast Georgia RDC
Rabun County Union County White County Board
of Education City of East Point City of Hapeville Fulton County Fulton County Fulton County Chatham County
Chatham County

TUESDAY, MARCH 23, 1999
Tattnall Memorial Hospital Operation of Tattnall Memorial
Hospital Renovation of downtown building by
Dawson Downtown Development Authority Infrastructure for computers and technical equipment for Webster County school buildings Install lighting at Lee County Dixie Youth Baseball fields Repair roof for theater project at the Fort Valley Downtown Development Authority Develop downtown park in City of Byron Develop countywide water/sewer system in Peach County Increase seating capacity in Macon County school stadium Purchase property for a parking lot in Taylor County Operation of the Whitfield/Murray Historical Society Improvements to the water line at Chattooga County Cloudland Water System Construct a multi-purpose building at Walker County West Armuchee Community Center Operation of the Northwest Georgia Girls Home Renovations to a recreation facility at White County Recreation Department Economic development along US 441 in the Northeast Georgia RDC region Purchase equipment for Rabun County Volunteer Fire Department Construct a recreation facility for Union County Parks and Recreation Operation of Pioneer RESA in White County Operation of project to identify behavioral problems in East Point Renovations to Hapeville city pool Operation of the Promise Children's Home, Inc. in Fulton County Operation of A.U.D.I.E.N.C.E. in Fulton County Operation of Kidsgym USA, Inc. in Fulton County Repairs and improvements to the Oglethorpe Academy in City of Savannah/Chatham County Operation of the Eighth Air Force Museum "Women in Aviation" Exhibit

2271 $ 50,000 $ 100,000

$ 50,000

$ 15,000 $ 16,000

$ 10,000 $ 50,000 $ 50,000 $ 100,000 $ 40,000 $ 50,000

$ 50,000

$ 40,000 $ 20,000

$ 20,000

$ 50,000

$

5,000

$ 10,000

$

8,000

$ 30,000 $ 50,000

$ 20,000

$ 75,000

$ 50,000

$ 45,000

2272
Chatham County Chatham County Long County City of Brunswick City of Brunswick Bryan County Board
of Education Mclntosh County Liberty County Liberty County
Gwinnett County Board of Education
Cobb County Board of Education
Meriwether County City of Hogansville City of Manchester Heard County Elbert County City of Arcade Madison County Board
of Education Elbert County City of Carnesville Barrow County City of Cave Springs City of Kingston City of Emerson Bartow County Bartow County
City of Rome Dougherty County

JOURNAL OF THE HOUSE
in Chatham County Operation of the Mighty Eighth Air
Force Museum in Chatham County Purchase van for Frank Callen Boys
& Girls Club in Chatham County Operating expenses for Long County Replace recreation equipment in
Goodyear Park, City of Brunswick Replace recreation equipment in
College Park, City of Brunswick For school activities by Bryan High
School Booster Club and Hendrix Park Expansion Construct multi-purpose facility in Mclntosh County Purchase medical supplies for Coastal Medical Clinic in Liberty County Install water and restrooms at Seabrook Village Foundation in Liberty County Travel expenses for Norcross High School Band in Gwinnett County Construction of multi-purpose outdoor classroom at Pope High School in Cobb County Construct solid waste compactor/ convenience center in Meriwether Purchase/construct sanitary sewage pump station in Hogansville Transfer/removal of overhead power lines in downtown Manchester County Construct a solid waste convenience center in Heard County Renovate Elberton Arts Theater in Elbert County Install water line in City of Arcade Construct multipurpose recreation park for Madison County Board of Education Construct facilities at Williamn Recreation Park in Elbert County Construction on Carnesville recreational complex Renovate Peace Place, Inc., a battered women's shelter in Barrow County Repair roof for Georgia School for the Deaf Sewage project in City of Kingston Improvements to recreation facility in City of Emerson Purchase equipment for Folsom Fire Station in Bartow County Purchase equipment for Pine Log Volunteer Fire Department in Bartow County Operation of Camp Good Times Provide for a feasibility study for

$ 50,000 $ 100,000 $ 30,000 $ 150,000 $ 20,000 $ 20,000
$ 50,000 $ 35,000 $ 17,000
$ 20,000 $ 10,000
$ 50,000 $ 75,000 $ 75,000 $ 50,000 $ 50,000 $ 25,000 $ 25,000
$ 25,000 $ 50,000 $ 25,000 $ 10,000 $ 25,000 $ 31,000 $ 15,000 $ 25,000
$ 25,000 $ 25,000

TUESDAY, MARCH 23, 1999

Clay County
Baker County
Quitman County Board of Education
Randolph County
Houston County Board of Education
Pulaski County
City of Warner Robins
City of Hawkinsville
City of Chamblee
City of Chamblee
Spalding County Board of Education
City of Moultrie
City of Whigham
City of Blakely
City of Donaldsville
City of Colquitt
Seminole County
Thomas County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Gwinnett County Board of Education
Greene County
Baldwin County Board of Education
Baldwin County

Dougherty County recreation facility Operation of the Clay County EMS/
ambulance services Provide funds for site preparation
for Baker Elementary School Restoration to the Kaigler Training
School Building in Georgetown for the Quitman Board of Education Correct erosion problems for the Flint River Girl Scout Council Camp in Randolph County Purchase equipment for vocation lab in Houston County schools Consolidate city/county governments in Pulaski County Purchase/install lights and fences for Warner Robins National Little League Program Feasibility study for river front improvements in City of Hawkinsville Improvements to computers at Elaine Clarke Center in City of Chamblee Operation of a multi-use recreational facility in the City of Chamblee Operation of a program to reduce high school drop-out rates in the Spalding Board of Education Repair facilities in the City of Moultrie Improvements to city properties in City of Whigham Replace water lines and fire hydrants in the City of Blakely Purchase equipment for the Donaldsonville City Fire Department Planning, design and renovation of historic building in City of Colquitt Pave parking lot of Senior Citizens Center in Seminole County Refurbish track at Thomasville High School Construct football stadium at Collins Hill High School in Gwinnett County Renovate football stadium at Dacula High School Purchase and install lights at Dacula High School baseball field Repair and recarpet the Greene County Library Operation of disciplinary program for middle schools in the Baldwin County Student Transition & Recovery Program Purchase computers and education software for Baldwin County Boys and

2273 $ 90,000 $ 20,000 $ 25,000

$ 55,000

$ 15,000 $ 15,000 $ 25,000

$ 10,000 $ 50,000 $ 15,000 $ 20,000

$ 50,000 $ 20,000 $ 15,000 $ 20,000 $ 10,000

$ 10,000

$

7,300

$ 15,000

$ 40,000 $ 50,000 $ 35,000 $ 20,000

$ 25,000

2274
City of Milledgeville Putnam County City of Madison Baldwin County
City of Morrow Lake City Clayton County
Clayton County Clayton County DeKalb County
Telfair County Board of Education
City of Alma
Dodge County Ben Hill County Irwin County Board
of Education City of Chester Fulton County Fulton County
DeKalb County Cobb County City of Marietta City of Keysville City of Augusta
City of Augusta City of Vidalia

JOURNAL OF THE HOUSE
Girls Club Operation of the Milledgeville Local
Welcome Center Purchase van for Uncle Remus Regional
Library system Operation of the Madison Cultural
Center Develop master plan for Georgia
College and State University campus in Baldwin County Improvements to park in City of Morrow Improvements to park in Lake City Construct child care center for Youth Empowerment Project in Clayton County Operation of the Arts Clayton, Inc. in Clayton County Operation of the Alzheimer's Support Services in Clayton County Operation of The Legacy Program in DeKalb County for the Decatur Chapter of 100 Black Women, Inc. Pave parking lot and other improvements at Telfair County High School Purchase computer and software, safety fence and install covered walkways at ABC Child Development Center in Alma Improvements to facilities at Eastman/ Dodge County Recreation Department Improvements to Ben Hill County landing Purchase band uniforms for Irwin County High School Establish a Chester City Police Department Operation of the Carrie Steele-Pitts Home in Fulton County Renovations to the Southwest Community Hospital to make ADA compliant in Fulton County Repair gym floor at the Mark Trail Recreation Center Operation of the Cobb County Collaborative Operation of the Wellstar Hospice Program in Cobb County Complete the construction of the Keysville Human Development Center Operation of the "Shirley Bladke Burn Retreat" at the Southeastern Firelighters Burn Foundation in Augusta Operation of the Augusta Clean and Beautiful Program Operation of the Vidalia Boys and

$ 10,000

$ 10,000

$

8,000

$

2,000

$ 10,000 $ 15,000 $ 10,000

$ 40,000 $ 25,000 $ 50,000

$ 50,000

$ 25,000

$

9,694

$

5,000

$ 15,000

$ 20,000

$

5,000

$ 25,000

$ 50,000 $ 25,000 $ 20,000 $ 50,000 $ 35,750

$ 55,000 $ 20,000

City of Screven Pierce County Pierce County
Glynn County
City of Atlanta Lee County Board
of Education Bartow County DeKalb County DeKalb County DeKalb County Pierce County DeKalb County Dougherty County Lee County City of Atlanta City of Atlanta City of Atlanta Bartow County City of Augusta Richmond County Richmond County
Richmond County
Richmond County Richmond County Richmond County
Richmond County

TUESDAY, MARCH 23, 1999
Girls Club Improvements to the water tower
electronics board in City of Screven Purchase computer equipment for the
Pierce County Chamber of Commerce Renovate building to use as a resource
center and meeting facility at the Pierce County Consolidated Men's Club Operation of the Speech, Hearing and Rehabilitation of Coastal Georgia, Inc. in Glynn County Operation of Georgia Soccer Foundation Improvements to irrigation system on athletic fields at Lee County Schools Replace vehicle Bartow County transportation of retarded children Operation of mentoring programs in DeKalb County Operation of William T. White Family Resource Center in DeKalb County Operation of Southeast YMCA after school program in DeKalb County Operating expenses for Pierce County Operation of Safe Haven program in DeKalb County Promote Flint River Tourism in Dougherty County Promote economic development at Lake Blackshear in Lee County Operating funds for Day Care Program and Summer Camp Purchase facility for community center in City of Atlanta Operation of Arts on the Road project in City of Atlanta Operation of child advocacy center in Bartow County Operation of child advocacy center in Augusta Operating funds for AKA's historical program in Richmond County Operating funds for Summerville Arts Factory summer enrichment program in Richmond County Operating funds for Southside tutorial after school program in Richmond County Operating funds for Imperial Arts Theater in Richmond County Operating funds for the Augusta Ballet in Richmond County Operating funds for Macedonia Connection tutorial program in Richmond County Operating funds for Tremount Summer

2275

$

5,000

$

5,000

$

5,000

$ 10,000

$ 25,000 $ 30,000

$ 25,000 $ 75,000 $ 40,000 $ 35,000 $ 25,000 $ 50,000 $ 50,000 $ 150,000 $ 40,000 $ 15,000 $ 25,000 $ 20,000 $ 40,000 $ 40,000 $ 10,000

$

5,000

$ 40,000 $ 10,000 $ 25,000

$

8,000

2276
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County
Richmond County Richmond County Randolph County City of Warrenton Emanuel County City of Bearing
City of Macon Jackson County Union County DeKalb County City of Lyons City of Vidalia Warren County DeKalb County City of Byron Bibb County

JOURNAL OF THE HOUSE
Enrichment Program for youth in Richmond County Operating funds for the historical preservation of the Delta House in Richmond County Operating funds for children's program at Lucy Laney High School in Richmond County Operating funds for Jack & Jill Outreach Program for disadvantage youth/foster children in Richmond County Operating funds for CSRA Economic Opportunity Authority in Richmond County Operating funds for Delta Leadership Training Program for mentoring in Richmond County Operating funds for Augusta Task Force for the Homeless in Richmond County Operating funds for Beulah Grove Community Resource Center for outreach program and food shelter in Richmond County Operating funds for the Augusta Symphony in Richmond County Operation of the CSRA Transitional Center in Richmond County Feasibility study for an airport in Randolph County Renovation of the City of Warrenton Cultural Art Center Operation of the East Georgia Health Cooperative in Emanuel County Operation of the Center for Applied Nursery Research in the City of Dearing Operate the Douglas Theater in the City of Macon Construct a horticultural building in Jackson County Purchase equipment for Union County Hospital Operation of the Legacy Program in DeKalb County Operation of the recreation department in Lyons Operation of the recreation department in Vidalia Operation of the recreation department in Warren County Operation of the Senior Connection in DeKalb County Operation of a city park in Byron Purchase band uniforms for Central High School in Bibb County

$

7,000

$ 15,000

$ 25,000

$ 10,000

$

5,000

$ 20,000

$

5,000

$ 15,000 $ 10,000 $ 40,000 $ 20,000 $ 20,000 $ 75,000

$ 20,000

$ 100,000

$ 18,000

$ 248,000

$ 10,000

$

5,000

$

5,000

$

5,000

$

2,000

$ 10,000

$ 10,000

TUESDAY, MARCH 23, 1999

2277

Quitman County

Feasibility study for Quitman Welcome Center

$ 25,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

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 $2,105.82. 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. 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 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

2278

JOURNAL OF THE HOUSE

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.

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 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 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.

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, Paul-
ding, and Rockdale Counties.

Section 47. Provisions Relative to Section 28, Department of Revenue. For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $2,000 for the taxable year beginning January 1, 1999.

TUESDAY, MARCH 23, 1999

2279

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 11.29% for S.F.Y. 2000.
Section 49. Provisions Relative to Section 34, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section K, 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 50. 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 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 Re-

2280

JOURNAL OF THE HOUSE

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 Administrative Services from agency fund collections.
Section Sl.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 52. 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 53. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 54. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 55. In accordance with the requirements of Article 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 ap-

TUESDAY, MARCH 23, 1999

2281

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 56. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 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.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 57. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 58. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 59. Salary Adjustments. The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes:

2282

JOURNAL OF THE HOUSE

1.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of We to 6% for employees individual employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) As a cost-of-living adjustment generally for the class, 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 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 the 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 lieu of item 1 above, as a cost-of-living adjustment generally for the class, 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, as a cost-of-living adjustment generally for the class, to provide a 4% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to contractual agreement 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 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 according to an effective date of October 1, 1999. 10.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the Georgia Gain established target salary levels in the Correctional Officer, Correctional Officer Farm Services, Transfer Officer, Fire Suppressant , 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 addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Public Safety employees earning below the Georgia Gain 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 according 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 adjustments for Public Safety employees earning at or above the Georgia Gain target salary level for the Trooper Cadet, Trooper and Trooper First Class, Corporal, Sergeant, Sergeant First Class, first Lieutenant, Captain and Major job classifications 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 1.5% 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, 1999. 14.) 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 the effective date an employee successfully completes this series of

TUESDAY, MARCH 23, 1999

2283

courses. 15.) In addition to the general salary adjustment in item 1 above, to provide a 5% increase for law enforcement personnel within the Public Service Commission with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1999.

Section 60. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2000

13,291,103,880

Section 61. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 62. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 144.

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
E 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 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 N 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 N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y OWeal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote N Pinholster Y Poag
Ponder
Y Porter Y Powell Y Purcell Y Ragas Y Handall 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 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 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 Westmoreland Y Whitaker Y Wiles N Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 156, nays 19. The motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:

2284

JOURNAL OF THE HOUSE

HB 1009. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to change the provisions relating to the compensation of the sheriff.

The following Senate substitute was read:

A BILL
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4883), so as to change the provisions relating to the compensation of the sheriff; 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 placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4883), is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) The sheriff of Clayton County shall receive a total annual salary of $81,383.28 including any supplements and additional compensation for services which are paid pursuant to state law or county ordinance, which are being received on March 15, 1999, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the sheriff on or after July 1, 1999."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1009.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1010. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the board of commissioners of Clayton County, so as to change the provisions relating to the compensation of the chairperson and members of the board.
The following Senate substitute was read:

TUESDAY, MARCH 23, 1999

2285

A BILL
To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, so as to change the provisions relating to the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, is amended by striking subsection (a) of Section 7 of said Act and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) The chairperson of the board shall be compensated in the amount of $82,600.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. This amount of base compensation shall be increased by the same percentage or amount, or average percentage or average amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O.C.G.A., based upon annual state merit system employee compensation increases, which increase in base compensation shall become effective the first day of July following the date such annual merit system increase first becomes effective. The chairperson of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business."
SECTION 2. Said Act is further amended by striking subsection (b) of Section 7 of said Act and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Four members of the board other than the chairperson shall be compensated in the amount of $12,005.40 per annum to be paid in equal monthly installments. Each of the other members of the board shall also receive an annual expense allowance of $3,000.00 per annum payable in equal monthly installments. These payments shall be made from the funds of Clayton County."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1010.
On the motion, the ayes were 110, nays 0.
The motion prevailed. HB 1012. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the
97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provisions relating to the salary of the tax commissioner.

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The following Senate substitute was read:

A BILL
To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3789), so as to change the provisions relating to the salary of the tax commissioner; 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 consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3789), is amended by striking paragraph (1) of subsection (b) of Section 7 in its entirety and substituting in lieu thereof a new paragraph (1) to read as follows:
"(1) The tax commissioner of Clayton County shall receive an annual salary of $67,130.79 including any supplements and additional compensation for any additional services or duties which are paid pursuant to any state law or county ordinance, which are being received on March 15, 1999, and which are paid from the funds of Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the tax commissioner on or after July 1, 1999."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1012.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1013. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, so as to change the compensation of the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person.
The following Senate substitute was read:

A BILL
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3755), so as to change the compensation of

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the judge of the probate court; to provide for a deputy election superintendent and the appointment, duties, and compensation of such person; 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 placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3755), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows:
"SECTION 1.
The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The judge of the probate court shall receive an annual salary of $75,238.80 per annum including any supplements and additional compensation for services which were being received on March 15, 1999, which are paid pursuant to state law or county ordinance other than those supplements and additional compensation specifically provided for in this section, and which are paid from the funds of Clayton County. Such salary shall be payable monthly out of the funds of Clayton County. This base salary amount shall be increased by the same percentage or amount, or average percentage or average amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O.C.G.A., based upon annual state merit system compensation increases, which increase in base compensation shall become effective upon the date in 2000 and in each year thereafter on which such annual merit system increases first become effective. In addition, said judge shall receive a salary supplement of $7,500.00 per annum payable in equal monthly installments from county funds for service as election superintendent as provided for in Code Section 15-9-64 of the O.C.G.A. In addition, said judge shall also receive those fees authorized to be retained under Code Section 15-9-68, regarding vital records fees, as limited by any resolution of the governing authority of Clayton County pursuant to Code Section 15-9-68."
SECTION 2.
Said Act is further amended by adding a new Section 3.1 to read as follows:
"SECTION 3.1.
The judge of the probate court is authorized to appoint an employee to serve as deputy election superintendent. Such person shall assist the judge in calling and conducting primaries, elections, and special elections and in performing such other duties as may be assigned by the judge. Such duties shall be in addition to any other duties which such person otherwise performs as an employee of the probate court or the county. Notwithstanding the provisions of Section 3 of this Act, the deputy election superintendent shall receive compensation in addition to his or her regular compensation from county funds paid for the performance of his or her regular duties as an employee of the probate court or the county an additional sum equal to $1,200.00 per annum plus 1 percent of the then current compensation paid to such person as an employee of the probate court of the county multiplied by the number of complete years such person has served as an employee of the probate court or the county or both since May 1, 1983. Such sum shall be payable in equal monthly installments from the

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funds of Clayton County. Any annual increase in compensation based on years of service completed after July 1, 1999, shall be payable beginning on July 1 of each such subsequent year. Notwithstanding the preceding provisions of this section, the deputy election superintendent shall not receive the additional compensation provided by this section for any month in which he or she also receives any sum as overtime pay for the performance of his or her duties as an employee of the county or the court."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1013.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 1014. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th, Dodson of the 94th and Buckner of the 95th:
A bill to amend an Act creating the State Court of Clayton County, so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court.
The following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3743), so as to change the provisions relating to the chief judge of said court; to change the compensation of the solicitor-general of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3743), is amended by striking subsection (a) of Section 3B and inserting in its place the following:
"(a) The judge of the State Court of Clayton County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Clayton County."
SECTION 2.
Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows:

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"SECTION 6. Salary of solicitor-general. The solicitor-general of said court shall receive a salary composed of a base salary of $59,616.00 per annum plus 1 1/2 percent of such base salary and any supplement received pursuant to state law or county ordinance multiplied by the number of complete years of service as solicitor-general served by such person since January 1, 1988. Such longevity increase shall be calculated and payable as of the anniversary date of such person's becoming solicitor-general. Such salary shall be payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor-general of said court shall receive no other compensation for serving as solicitor-general of said court and shall not engage in the private practice of law in any capacity during his or her tenure as solicitor-general of said court and shall not be eligible to hold any other public office while serving as solicitor-general of said court."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1014.
On the motion, the ayes were 110, nays 0.
The motion prevailed. HB 1015. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the
97th, Dodson of the 94th and Buckner of the 95th: A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, so as to increase the salary of the clerk of the Superior Court of Clayton County.
The following Senate substitute was read:

A BILL
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4882), so as to increase the salary of the clerk of the Superior Court of Clayton County; 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 placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4882), is amended by striking in its entirety paragraph (1) of subsection (c) of Section 1 and inserting in lieu thereof the following:
"(1) The clerk of the Superior Court of Clayton County shall receive a total annual salary of $67,130.79 including any supplements and additional compensation for services in other courts which are paid pursuant to state law or county ordinance, which are being received on March 15, 1999, and which are paid from the funds of

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Clayton County. This shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the clerk on or after July 1, 1999."
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.
Representative Bailey of the 93rd moved that the House agree to the Senate substitute to HB 1015.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Resolutions of the House were read and adopted: HR 644. By Representatives Smith of the 175th, Turnquest of the 73rd and Dukes of
the 161st: A resolution commending Laura C. Heath on the occasion of her birthday. HR 646. By Representative Birdsong of the 123rd: A resolution commending Mr. Walter Franklin Sheffield. HR 647. By Representative Bunn of the 74th: A resolution commending Mr. Charles E. Wright. HR 648. By Representative Harrell of the 62nd: A resolution honoring Harry Rossoll and expressing regret at his passing. HR 649. By Representatives Wix of the 33rd, Morris of the 155th, Murphy of the 18th and Parsons of the 40th: A resolution recognizing and commending Anna Elizabeth Carlisle. HR 650. By Representatives Wix of the 33rd, Morris of the 155th, Murphy of the 18th and Parsons of the 40th: A resolution recognizing and commending John T. Morgan. HR 651. By Representatives Wix of the 33rd, Morris of the 155th, Murphy of the 18th and Parsons of the 40th: A resolution recognizing and commending David Edward Sinyard. HR 652. By Representatives Wix of the 33rd, Morris of the 155th, Murphy of the 18th and Parsons of the 40th: A resolution recognizing and commending Jim Bishop. HR 653. By Representatives Bannister of the 77th, Dix of the 76th and Unterman of the 84th: A resolution expressing regret at the passing of John P. "J.P." Green. HR 654. By Representative Day of the 153rd: A resolution commending the St. Andrew's School Saints soccer team. HR 655. By Representative McClinton of the 68th: A resolution commending Jordon Wiener.

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HR 656. By Representative McClinton of the 68th: A resolution commending Harrison Wiener.
HR 657. By Representative McClinton of the 68th: A resolution expressing sympathy at the passing of Barbara Ann Edwards.
HR 658. By Representative McClinton of the 68th: A resolution recognizing and commending Patricia M. Calvin-Thomas.
HR 659. By Representatives Murphy of the 18th, Smith of the 169th, Coleman of the 142nd and Walker of the 141st: A resolution celebrating the Life of Janette McGarity Barber.
HR 660. By Representative Reese of the 85th: A resolution recognizing and commending Mickey Bruce.
HR 661. By Representative Evans of the 28th: A resolution commending Susan Margaret Boesche.
HR 662. By Representative Coan of the 82nd: A resolution commending Lucas Bartlett Gaines.
HR 663. By Representatives Mueller of the 152nd, Stephens of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and others: A resolution celebrating the 100th Anniversary of Calvary Baptist Temple.
HR 664. By Representatives Smyre of the 136th, Sinkfield of the 57th, Murphy of the 18th, Walker of the 141st and Epps of the 131st: A resolution in memory of Irene Dobbs Jackson.
HR 665. By Representatives Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd, Davis of the 132nd, Buck of the 135th and others: A resolution honoring JoJo Benson.
HR 666. By Representative Evans of the 28th: A resolution commending Bill Case.
HR 667. By Representative Smith of the 169th: A resolution honoring Mr. and Mrs. Spencer Drury on the occasion of their fiftieth wedding anniversary.
HR 668. By Representatives Ashe of the 46th, Trense of the 44th, Felton of the 43rd, Irvin of the 45th, Campbell of the 42nd and others: A resolution recognizing and commending Karen Ross.
HR 669. By Representative Smith of the 169th: A resolution commending Judge Francis Houston.
HR 670. By Representative Murphy of the 18th: A resolution recognizing and commending Mr. Harris L. (Leon) Rutherford.
HR 671. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution expressing regret at the passing of Mr. James Odell Moore.
HR 672. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Calvin Seckinger.
HR 673. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution expressing regret at the passing of Mr. J. Caldwell Morrison.
HR 674. By Representatives Purcell of the 147th and Barnard of the 154th: A resolution expressing regret at the passing of Mr. J. Dixie Harn.

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HR 675. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Bishop George DeLoach.
HR 676. By Representative Pelote of the 149th: A resolution commending the Thomas Family Reunion.
HR 677. By Representative Wix of the 33rd: A resolution commending the Reverend Bob Baxter.
HR 678. By Representatives Bannister of the 77th and Dix of the 76th: A resolution recognizing and commending Parkview High School.
HR 679. By Representatives Cox of the 105th and Westmoreland of the 104th: A resolution commending the Wings Over Dixie Airshow produced by the Dixie Wing of the Confederate Air Force.
HR 680. By Representatives Cox of the 105th and Westmoreland of the 104th: A resolution commending the Dixie Wing of the Confederate Air Force.
HR 681. By Representative Ehrhart of the 36th: A resolution honoring James J. Wagner.
HR 682. By Representative Ehrhart of the 36th: A resolution honoring the Georgia Fraternal Order of Police.
HR 683. By Representative Ehrhart of the 36th: A resolution honoring Robert A. Baxter.
HR 684. By Representative Royal of the 164th: A resolution expressing sympathy at the passing of Eli Augustus "Buster" Williams.
HR 685. By Representative Ehrhart of the 36th: A resolution honoring the executives of the Kennesaw State University Student Government Association.
HR 686. By Representative Westmoreland of the 104th: A resolution commending Kevin Nelson Scott.
HR 687. By Representative Birdsong of the 123rd: A resolution commending Mr. E. C. Lavendar.
HR 688. By Representative Ray of the 128th: A resolution honoring Bob J. McClendon and expressing regret at his passing.
HR 689. By Representative Powell of the 23rd: A resolution commending the Hart County Emergency Medical Service.
HR 690. By Representative McClinton of the 68th: A resolution recognizing and commending D. Gayle Gellerstedt.
HR 691. By Representative McClinton of the 68th: A resolution recognizing and commending Winnifred D. Little.
HR 692. By Representatives Ray of the 128th, Jenkins of the 110th and James of the 140th: A resolution honoring the Crawford County Volunteer Fire and Rescue Department.
HR 693. By Representative Ray of the 128th: A resolution commending Coach Norman Faircloth.

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HR 694. By Representatives Orrock of the 56th, Hegstrom of the 66th, Mobley of the 69th, Taylor of the 134th, Murphy of the 18th and others:
A resolution in memory of Marianne Webster.
HR 695. By Representative Martin of the 47th:
A resolution commending Kathy Bush.
HR 696. By Representative Martin of the 47th:
A resolution commending Gene-Gabriel Moore and the Not Merely Players.
HR 697. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 260 in Bacon County as the Tally Farrell Walker Road and designating that a sign be erected below the official name of Meadowlark Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Tally Farrell Walker".
HR 698. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 296 in Bacon County as the William Loyd (Bill) Holton Road and designating that a sign be erected below the official name of Perch Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of William Loyd (Bill) Holton".
HR 699. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 201 in Bacon County as the Norman Alfred Taylor Road and designating that a sign be erected below the official name of Pacific Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Norman Alfred Taylor".
HR 700. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 258 in Bacon County as the Larry William Bailey Road and designating that a sign be erected below the official name of Ocelot Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Larry William Bailey".
HR 701. By Representative Smith of the 169th:
A resolution recognizing the honorary name of the bridge on County Road 331 in Bacon County as the Archie C. Smith Bridge and designating that a sign be erected which would read as follows: "In Honor of Archie C. Smith".
HR 702. By Representative Smith of the 169th:
A resolution recognizing the honorary name of County Road 149 in Bacon County as the Stanford Meeks Road and designating that a sign be erected below the official name of Iowa River Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Stanford Meeks".
HR 703. By Representative Smith of the 169th:
A resolution recognizing the honorary name of the bridge over Little Hurricane Creek located on County Road 187 in Bacon County as the Johnny L. Hayes Bridge and designating that a sign be erected which would read as follows, "In Honor of Johnny L. Hayes".

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HR 704. By Representative Smith of the 169th: A resolution recognizing the honorary name of County Road 61 in Bacon County as the Johnny A. Peacock Road and designating that a sign be erected below the official name of Marshhawk Road given by the Bacon County Board of Commissioners which would read as follows, "In Honor of Johnny A. Peacock".
HR 705. By Representative Smith of the 169th: A resolution recognizing the honorary name of the second bridge from the northern city limits of Alma located on U.S. Highway 1 North in Bacon County as the Jauquion R. "Rob" Tanner Bridge and designating that a sign be erected which would read as follows, "In Honor of Jauquion R. 'Rob' Tanner".
HR 706. By Representatives Parsons of the 40th and Shipp of the 38th: A resolution honoring Mrs. Jo Lynn Parsons.
HR 707. By Representative Jenkins of the 110th: A resolution recognizing and commending Courtney Latrashia Whatley.
HR 708. By Representative McKinney of the 51st:
A resolution honoring Sharon Nowlin. HR 709. By Representative Smith of the 91st:
A resolution commending Tom Bennewitz on becoming an Eagle Scout.
HR 710. By Representative Smith of the 91st: A resolution commending Will Ross on becoming an Eagle Scout.
HR 711. By Representative Smith of the 91st: A resolution expressing regret at the passing of Hubert Mell Wells.
HR 712. By Representative Smith of the 91st: A resolution commending Andrew B. Floyd on becoming an Eagle Scout.
HR 713. By Representative Smith of the 91st: A resolution commending A. Andrew Lyness on becoming an Eagle Scout.
HR 714. By Representative Smith of the 91st: A resolution commending Peter M. G. Schempp on becoming an Eagle Scout.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House: HB 144. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of
the 141st and others: A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999 and ending June 30, 2000.
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 message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, hy substitute, by the requisite constitutional majority the following bill of the House:
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 Senate adheres to its amendment and has appointed a Committee of Conference on 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Cagle of the 49th, Lamutt of the 21st and Cheeks of the 23rd.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
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.
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.
HB 217. By Representatives Lucas of the 124th, Coleman of the 142nd, Walker of the 141st 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.

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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.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
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.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
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.
HB 406. By Representatives Skipper of the 137th, Shanahan of the 10th, Royal of the 164th 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.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 213. By Representatives Twiggs of the 8th, Walker of the 141st, Jenkins of the 110th 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 Senate has disagreed to the House substitute to the following bill of the Senate:
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
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.

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2297

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SR 157. By Senators Jackson of the 50th and Thompson of the 33rd:
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 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 Cummings Davis, M

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

Y Hugley
Irvin
Y Jackson, B Y Jackson, L
James
Y Jamieson Y Jenkins Y Jennings
Jones Joyce Y Kaye
Lane
Y Lewis
Y Lord
Lucas
Maddox
Mann Y Manning
Martin, J Y Martin, J.L
Massey Y McBee
McCall Y McClinton
McKinney Y Millar E Mills
Mobley 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 Heed 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 Y Smith, P
Y Smith, T Y Smith, V Y Smyre Y Snelling Y Snow
Squires Stallings Y Stancil
Stanley, P Stanley-Turner Y Stephens Stokes Y Stuckey Y Taylor Teague
Y Teper Tillman Tolbert Trense Turnquest
Y Twiggs Y Untennan
Walker, L Walker, R.L Y Watson
West Westmoreland Whitaker Wiles Williams, J Williams, R Wix
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Burkhalter of the 41st, Smith of the 91st, Stokes of the 92nd and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
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; to provide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.

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JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:

A BILL
To amend Title 41 of the Official Code of Georgia Annotated, relating to nuisances, so as to provide that a city or county attorney or solicitor-general may file an action to abate a public nuisance or a nuisance which is a place used for unlawful sexual activity or substantial drug related activity; to provide that the provisions of Code Section 41-31.1, relating to substantial drug related activity upon real property, are cumulative of other remedies; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended by striking in its entirety Code Section 41-2-2, relating to filing petitions to abate nuisances, and inserting in lieu thereof the following:
"41-2-2.
Private citizens may not generally interfere to have a public nuisance abated. A pcti tien complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a petition complaint by any private citizen specially injured."
SECTION 2. Said title is further amended in Code Section 41-3-1.1, relating to substantial drug related activity and the property owner's knowledge, by inserting a new subsection to be designated subsection (d) to read as follows:
"(d) The provisions of this Code section are cumulative of any other remedies and shall not be construed to repeal any other existing remedies for drug related nuisances."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances which are places used for unlawful sexual purposes or places of substantial drug related activity, and inserting in lieu thereof the following:
"41-3-2.
Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney, the solicitor-general, city attorney, or county attorney, or any private citizen of the county may maintain an action in the name of the state upon the relation of such diatriet attorney or private citizen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon application therefor alleging that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65."
SECTION 4. This Act shall become effective July 1, 1999.

TUESDAY, MARCH 23, 1999

2299

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

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

Y Hugley Y Irvin Y Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings
Jones Y Joyce Y Kaye
Lane Y Lewis
Lord
Lucas
Maddox
Mann Y Manning
Martin, J Y Martin, J.L
Massey Y McBee
McCall Y McClinton
McKinney
Y Millar E Mills Y Mobley
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, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Burkhalter of the 41st, Smith of the 91st, Coleman of the 80th, Stokes of the 92nd and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 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 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 fingerprint records check determination within the previous 12 months.

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JOURNAL OF THE HOUSE

The following Committee substitute was read:

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 ratify the National Crime Prevention and Privacy Compact established by Section 217 of the National Crime Prevention and Privacy Compact Act of 1998 contained in 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 criminal history records repository and for compliance with certain system rules, procedures, and standards; to provide for level of services; to require provision of certain records for noncriminal justice purposes and restrict certain uses thereof; to require the submission of fingerprints or other positive identification and provide for compliance of other laws with the compact and federal law; to amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia 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, group day-care homes, family day-care homes, and child-caring institutions, so as to provide that no person may be employed at such a center without a satisfactory preliminary records check or satisfactory state and national fingerprint records check determinations within the previous 12 months; to provide that no person may be hired as or continue to serve as director without a satisfactory state and a pending national fingerprint records check; to provide for procedures related to license applicants, licensed centers, centers applying for licensure after expiration of a license, and centers which have changed directors; to provide for definitions; to provide for fees; to provide for exceptions to certain requirements for certain persons residing in family day-care homes, for emergency temporary employees, and for persons whose unsatisfactory determinations have been reversed; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by inserting after Code Section 35-339 the following:
"35-3-39.1.
(a) As used in this Code section, the term:
(1) 'Compact' means the National Crime Prevention and Privacy Compact established by Section 217 of the federal law.
(2) 'Compact council' means the compact council established by Article VI of the compact.
(3) 'Director' means the director of the Georgia Crime Information Center.
(4) 'Federal law' means the National Crime Prevention and Privacy Compact Act of of 1998 contained in Public Law 92-544.
(5) 'Interstate identification system' or 'III system' means the cooperative federalstate system for the exchange of criminal history records as provided for in the compact.

TUESDAY, MARCH 23, 1999

2301

(b) The National Crime Prevention and Privacy Compact established by federal law is ratified, enacted, and entered into by the State of Georgia. The compact shall become operative immediately upon approval of this state's participation by the United States Attorney General.
(c) 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 established 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 Investigation or other states party to the compact.
(d) The center shall establish and maintain a criminal history record repository to provide:
(1) Information and records for the National Identification Index and the National Fingerprint File; and
(2) This state's III system - indexed criminal history records for noncriminal justice purposes described in Article IV of the compact.
(e) This state shall comply with III system rules, procedures, and standards established pursuant to the compact concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of the III system operation.
(f) Use of the III system by the center for noncriminal justice purposes authorized in the compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(g) Administration of the compact provisions shall not reduce the level of services available to noncriminal justice users on the effective date of the compact with this state.
(h) The center shall provide criminal history records, excluding sealed records, to criminal justice agencies and other governmental and nongovernmental agencies for noncriminal justice purposes as required by the compact.
(i) Records obtained under the compact may be used only for the official purposes for which the records were requested and under such procedures established by the director in conformity with rules, procedures, and standards established pursuant to Article TV of the compact.
(j) Notwithstanding any other law to the contrary, fingerprints or other forms of positive identification, as provided for in the compact, shall be submitted with all requests for criminal history record checks for noncriminal justice purposes authorized under the compact. Such records checks made pursuant to any other law of this state shall comply with this Code section, the compact, and federal law."

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JOURNAL OF THE HOUSE

SECTION 2.
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 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 bureau records and fingerprints."
"(18.1) 'State fingerprint records check determination' means a satisfactory or unsatisfactory 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 3.
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 furnish 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 department, that within the immediately preceding 12 months the director received a satisfactory received satisfactory state and national fingerprint records check dctcrmi nation 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 either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department shall may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each rccorda check application and preliminary records check application submitted thereto by the department, and the department shall make a written determination baaed upon that records cheek. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks."
SECTION 4.
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 unsatisfactory determination, and inserting in lieu thereof the following:
"49-5-63.

TUESDAY, MARCH 23, 1999

2303

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 regarding whether the department's determination as to that person's preliminary state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an applicant's facility haa applied for a preliminary rccorda check determination and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check 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 fingerprint records check checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was unsatisfactory as to any employee of an applicant'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 or as permitted by the provisions of subsection (c) of Code Section 49-5-69."
SECTION 5.
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 license baocd upon a satisfactory preliminary rccorda check dctcrmina tion of the director and after each employee haa applied for a preliminary rccordo cheek determination under Code Section <tO 5 63, the The department shall transmit to GCIC both sets of fingerprints and the records search fee from that dircctor'o 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 W 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 6.
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 CCIC notification Federal Bureau of Investigation report regarding a director's national fingerprint records check under Code Section 49-5-64, the department shall make a determination based thereon and notify in writing the license ap-

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JOURNAL OF THE HOUSE

plicant as to whether that records check was satisfactory or unsatisfactory. If the national 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 determination and proceed under the requirements of Code Sections 49-5-62 through 49-564 and this Code section to obtain a preliminary records check obtain state and national fingerprint records check determination determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements 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 comply with Code Section 49-5-63 regarding employees other than the director receive a aatiafaetory prclimi nary records check determination for all cmploycco."
SECTION 7.
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, 1086, the Each center te which such license waa iaauod shall be required to obtain a separate license for each of the ccntcr'3 existing facilities and shall have a separate director for each aueh facility center. An existing facility whose license 30 expired may be iaaucd a license when that center submits evidence, aatiafactory to the department, that the director haa received a oatiafaetory preliminary records check and has applied for a fingerprint cheek and all employees have applied for preliminary records checks. After receiving tho3c appli cationa, the department shall proceed to have made records check dctcrminationa baaed upon 3uch application and the facility may only retain a license under the con ditiona and proecdurca provided in Code Sections 49 6 63 through 40 6 66. Any dirce tor or employee who has received a aatiafactory records check determination within the immediately preceding 12 month period may submit evidence to the department of that determination in lieu of rcapplication for a records check determination. The dc partmcnt may accept the previous oatiofaetory determination unlcaa it haa reason to believe that the applicant ha3 a criminal record oubocqucnt to the loot rccorda check determination. A liecnac may only be iaaucd if the facility othcrwiac qualifica for a li ecnac pursuant to Article 1 of this chapter. Any new facility in thia atatc firat owned or operated on or after July 1, 1086, by a center already licensed in thia atatc 3hall be 6re67q"uired to have a new liecnac iaaucd pursuant to Code Sections 40 6 61 through 49 6

SECTION 8. 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.

TUESDAY, MARCH 23, 1999

2305

(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 provide 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 and submit them to the department.
(b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately 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 center maintains an affidavit with supporting documents in the employee's personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee's personnel file shall be available to the department for inspection. 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 9.
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 designated 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 notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether e satisfactory or unsatisfactory preliminary or state and national fingerprint records check determination haa determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had ft 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 reversed, 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.

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(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 determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after 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 application is so received, unless the department has within the immediately preceding 12 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 aa4 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 procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check aad determination for that director as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. 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 10.
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 center after that facility center has received a license, that facility center shall require that person to furniah to the department obtain a satisfactory preliminary records check application. The department shall, under the procedures of Code Sections 40-663 and 40 6 63, make a preliminary records check determination and send notice thereof to the facility and employee. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. 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 either such potential employee has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 49-5-73. If tfee either the preliminary or state or national fingerprint records determination is unsatisfactory, the facility center shall, after receiving 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 determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section.
(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.

TUESDAY, MARCH 23, 1999

2307

(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 purposes, when on unsatisfactory preliminary rccorda check ia received, when the department 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 determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-573.
(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 11.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Barnard of the 154th and Byrd of the 170th move to amend the Committee substitute to SB 165 by striking line 16 of page 1 and inserting in lieu thereof the following:
"law; to amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, so as to authorize the Department of Human Resources or certain licensed child-placing agencies to obtain from any law enforcement agency conviction data which is relevant to adult persons residing in homes in which the department may place children who are in its custody; to provide for the purpose for which such conviction data may be used and for the maintenance and protection of such data; to amend Article 3 of Chapter 5 of Title 49 of the".
By inserting between lines 37 and 38 of page 3 the following:
"SECTION 2.
Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources, is amended by striking in their entirety subsections (b) and (d) of Code Section 49-2-14, relating to obtaining conviction data, and inserting in their respective places the following:
'(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody

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JOURNAL OF THE HOUSE

may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed.'

'(d) All conviction data received shall be for the exclusive purpose of making employment decisions or placement decisions concerning children in the custody of the department, and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decision decisions or upon receipt of the conviction data concerning any adult person who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable.'"
By renumbering Sections 2 through 11 as Sections 3 through 12, respectively.

The Committee substitute, as amended, was adopted.

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

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

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 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 Manner 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

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

TUESDAY, MARCH 23, 1999

2309

On the passage of the Bill, by substitute, as amended, the ayes were 127, nays 0.

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

Representatives Coleman of the 80th, Stokes of the 92nd and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 146. By Senators Ray of the 48th, Hecht of the 34th, Kemp of the 3rd and others:
A bill to amend Article 2 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to training and certification of court reporters, so as to change the composition of the Board of Court Reporting of the Judicial Council by expanding the membership thereof.

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

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

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
Ehrhart Y Epps Y Evans
Y Everett Felton
Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree
Y Banner Y Harbin Y Harrell
Y Heard Heckstall
Y Hegstrom Y Hembree
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
James Y Jamieson
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 E Massey Y McBee
McCall Y McClinton
McKinney Y Millar E 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
Ponder
Porter Powell Purcell
Randall Ray
Reaves Heece 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
Squires
Y Stallings Y Stancil
Stanley, f Y Stanley-Turner
Y Stephens Stokes
Y Stuckey Y Taylor
Teague
Y Teper Tilhnan 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 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Squires of the 78th 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.

2310

JOURNAL OF THE HOUSE

HR 581. By Representatives Hudgens of the 24th, Epps of the 131st, Murphy of the 18th, Walker of the 141st, McBee of the 88th and others:
A resolution urging the citizens and civic and community leaders of Georgia to maintain and encourage positive character qualities by designating Georgia as a State of Character.

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
Barnard
Y Barnes Y Benefield
Birdsong Y Bohannon
Bordeaux
Y Borders Y Bridges Y Brooks Y Brown
Y Buck Buckner
Y Bulloch E Bunn Y Burkhalter
Y Byrd Y Callaway Y Campbell
Y Cash Y Channel! Y Childers Y Clark
Y Coan Coleman, B
Y Coleman, T Y Connell
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
Ehrhart Epps Y Evans Y Everett
Pelton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
Hammontree
Y Manner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree
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
James Jamieson 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 E Massey Y McBee McCall Y McClinton McKinney Y Millar E 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
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
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 131, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Coleman of the 80th and Squires of the 78th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 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.
The following Committee substitute was read:

TUESDAY, MARCH 23, 1999

2311

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
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, is amended by striking in its entirety Code Section 12-3-318, relating to the purposes for which income, gifts, grants, appropriations, bonds, or loans available to such authority may be spent, and inserting in lieu thereof the following:
"12-3-318.

(a) All income, revenues, gifts, grants, appropriations, bond or loan proceeds, and rights and privileges of value of every nature accruing to the authority shall be used:

(1) Primarily for the sole purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting the islands in Lake Lanier; and

(2) Secondarily for the purpose of beautifying, improving, developing, maintaining, administering, managing, and promoting any other real property which is:
(A) Under the management and control of the department or the North Georgia Mountains Authority whether held in fee simple or under or through a contract, license, lease, or other similar agreement with an agency of the federal government; and
(B) Adjacent to any lake or reservoir in this state that is under the management and control of the United States Army Corps of Engineers.

(b) The authority shall accomplish the purposes provided in subsection (a) of this Code section at the lowest rates reasonable and possible for the benefit of the people of the State of Georgia for recreational purposes.

(c) Prior to authorizing the expenditure of funds for any of the secondary purposes set forth in subsection (a) of this Code section, the authority shall consult with the Senate Economic Development, Tourism, and Cultural Affairs Committee, the House Committee on Game, Fish, and Parks, and the Governor for the purpose of assistance in establishing the priority of needs among the real properties eligible to receive the benefit of such expenditure."

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

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

Y Alien Y Anderson
Y Ashe Y Bailey Y Bannister
Y Barnard

Barnes Y Benefield
Y Birdsong Y Bohannon Y Bordeaux
Y Borders

N Bridges Y Brooks
Y Brown Y Buck Y Buckner
N Bulloch

E Bunn Y Burkhalter
Y Byrd N Callaway
Campbell
N Cash

N Channel! Y Childers
Y Clark N Coan N Coleman, B
Coleman, T

2312
Y Connell Y Cooper N Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps N Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves Y Greene
Grindley Hammontree Y Hanner Y Harbin Y Harrell

JOURNAL OF THE HOUSE

Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
N Houston Y Howard N Hudgens Y Hudson, H Y Hudson, N Y Hugley Y Irvin Y Jackson, B N Jackson, L
Y James
N Jamieson Y Jenkins Y Jennings
Y Jones
N Joyce
N Kaye
Y Lane N 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
McKinney
N Millar E Mills Y Mobley N Morris Y Mosley Y Mueller Y CWeal
Orrock Y Parham
Parrish Y Parsons
Pelote N Pinholster N Poag
Ponder Porter Y Powell Y Purcell Y Ragas Randall
Y Ray
Reaves
Y Reece

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

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

On the adoption of the Committee substitute, the ayes were 109, nays 45.

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
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 E 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 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 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 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
Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall
McClinton McKinney
Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Orrock
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 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 Y Smith, L
Y Smith, L.K Y Smith, P
Smith, T Y Smith, V

TUESDAY, MARCH 23, 1999

Smyre Snelling Snow Squires Stallings Stancil Stanley, P Stanley-Turner

Stephens Stokes Stuckey
Taylor Teague Teper Tillman Y Tolbert

Trense
Turnquest Twiggs Unterman Walker, L Walker, R.L Watson Y West

2313
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.
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.

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 E Bunn Y Burkhalter Y Byrd
Y Callaway 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
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
Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Houston Y Howard
Y 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 Mosley
Mueller CWea! Orrock
Parham
Parrish Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell 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

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 151, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted. 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

2314

JOURNAL OF THE HOUSE

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 evidence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.
The following amendment was read and adopted:
Representatives Sims of the 167th and Williams of the 114th move to amend SB 150 by striking "Article 2 of" on line 1 of page 1.
By striking "coroners' death investigations" on lines 2 and 3 of page 1 and inserting in lieu thereof "coroners".
By inserting after "so as" on line 3 of page 1 "to change certain provisions relating to election and qualifications for office; to change certain provisions relating to fees;".
By inserting after "attorney;" on line 9 of page 1 "to provide effective dates;".
By redesignating Sections 1 and 2 as Sections 3 and 5, respectively.
By inserting between lines 11 and 12 of page 1 the following:
"SECTION 1.
Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by striking subsection (b) of Code Section 45-16-1, relating to election and qualifications for office, and inserting in lieu thereof the following:
'(b)(l) No person shall be eligible to offer for election to or to hold the office of coroner unless he or she:
(A) Is a citizen of the United States;
(B) Is a resident of the county in which he or she seeks the office of coroner for at least two years prior to his or her qualifying for the election to the office and remains a resident of such county during his or her term of office;
(C) Is a registered voter;
(D) Has attained the age of 25 years prior to the date of the general primary in the year he or she qualifies for election to the office;
(E) Has obtained a high school diploma or its recognized equivalent. This subparagraph shall not apply to any person serving as a coroner on July 1, 1980;
(F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; and
(G) Has successfully completed the next scheduled class no longer than 180 days after such person's election or appointment a basic training course provided by the Georgia Police Academy, but the affidavit required by paragraph (2) of this subsection shall not be required to affirm that the requirements of this subparagraph have been met at the time of qualifying for the office of coroner.
(2) Each person offering his or her candidacy for the office of coroner shall file an affidavit with the officer before whom such person has qualified to seek the office of coroner prior to or at the time for qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to paragraph (1) of this subsection.'
SECTION 2.
Said chapter is further amended by striking subsection (b) of Code Section 45-16-27, relating to examinations, inquests, and fees, and inserting in lieu thereof the following:

TUESDAY, MARCH 23, 1999

2315

'(b) Effective January 1, 1080 On and after the effective date of this subsection, coroners shall be entitled to an investigation fee of $100.00 $125.00 where no jury is impaneled asd or a fee of $100.00 $250.00 where a jury is impaneled and shall be paid upon receipt of a monthly statement to the county treasury. A deputy coroner shall receive the same fee as the coroner for the performance of services in place of the coroner and shall be paid upon receipt of a monthly statement to the county treasury. Such fee shall be paid within ten days after receipt of the coroner's monthly statement by the county where the investigation or inquest is held except in counties where the coroner receives an annual salary, in which case no fee shall be imposed upon the county by such salaried coroner or deputy coroner.'".
By striking lines 13 through 15 of page 1 and inserting in lieu thereof the following:

"Said chapter is further amended by striking Code". By inserting between lines 14 and 15 of page 2 the following:

"SECTION 4.
This Act shall become effective on July 1, 1999; except that Sections 1 and 2 of this Act shall become effective on January 1, 2000.".

The following amendment was read:

Representative Sims of the 167th moves to amend SB 150 as follows: On line 16 page 2 (in Section 2) add the following OCGA 45-16-24

(e) "Wherein the coroner in counties that are required to transport human remains to the crime lab, the coroner/county will be reimbursed for the cost of transportation by the State of Georgia."

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

Y Connell N Cooper N Cox N Crawford Y Cummings
N Davis, M N Davis, T
Day Dean
Y DeLoach, B Y DeLoach, G
N Dix Y Dixon Y Dodson Y Dukes
Ehrhart N Epps
Evans Y Everett N Felton N Floyd N Franklin N Golick N Graves
Greene
N Grindley N Hammontree N Hanner N Harbin N Harrell

Y Heard Heckstall
Y Hegstrom N Hembree Y Henson Y Holland N Holmes Y Houston Y Howard N Hudgens N Hudson, H Y Hudson, N N Hugley N Irvin N Jackson, B N Jackson, L Y James N Jamieson Y Jenkins N Jennings Y Jones N Joyce
N Kaye N Lane N Lewis Y Lord
Lucas N Maddox N Mann N 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 Smith, L.R Smith, P Smith, T Smith, V
Smyre Snelling

2316

JOURNAL OF THE HOUSE

N Snow N Squires
Stallings
N Stancil N Stanley, P N Stanley-Turner

N Stephens Y Stokes N Stuckey
Y Taylor Teague
N Teper

Y Tillman N Tolbert Y Trense
N Turnquest N Twiggs N Unterman

Y Walker, L N Walker, R.L N Watson
N West N Westmoreland N Whitaker

N Wiles N Williams, J N Williams, R
Y Wix Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 101.
The amendment was lost.
By unanimous consent, further consideration of SB 150 was postponed until later this afternoon. 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 Annotated, 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 provide for a right of rescission with respect to such transactions.
The following Committee substitute was read:

A BILL

To amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, 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 provide for a right of rescission with respect to such transactions; to provide for enforcement by the administrator of the "Fair Business Practices Act of 1975"; to provide for enforcement procedures and penalties; to prohibit waiver and to prohibit penalties for failure to finalize transfers; to provide for construction; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages in tort actions, is amended by adding at its end a new Article 4 to read as follows:

51-12-70.

"ARTICLE 4

As used in this article, the term:

(1) 'Administrator' means the administrator of the 'Fair Business Practices Act of 1975' appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her designee.

(2) 'Annuity issuer' means an insurer that has issued an insurance contract used to fund periodic payments under a structured settlement.

(3) 'Applicable law' means: (A) The federal laws of the United States;

TUESDAY, MARCH 23, 1999

2317

(B) The laws of this state, including principles of equity applied in the courts of this state; and
(C) The laws of any other jurisdiction:
(i) Which is the domicile of the payee or any other interested party;
(ii) Under whose laws a structured settlement agreement was approved by a court or responsible administrative authority; or
(iii) In whose courts a settled claim was pending when the parties entered into a structured settlement agreement.
(4) 'Dependents' include a payee's spouse and minor children and all other family members and other persons for whom the payee is legally obligated to provide support, including alimony.
(5) 'Discounted present value' means the fair present value of future payments, as determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.
(6) 'Favorable tax determination' means, with respect to a proposed transfer of structured settlement payment rights, any of the following authorities that definitively establishes that the federal income tax treatment of the structured settlement for the parties to the structured settlement agreement and any qualified assignment agreement, other than the payee, will not be affected by such transfer:
(A) A provision of the United States Internal Revenue Code, United States Code Title 26, as amended from time to time, or a United States Treasury regulation adopted pursuant thereto;
(B) A revenue ruling or revenue procedure issued by the United States Internal Revenue Service;
(C) A private letter ruling by the United States Internal Revenue Service with respect to such transfer; or
(D) A decision of the United States Supreme Court or a decision of a lower federal court in which the United States Internal Revenue Service has acquiesced.
(7) 'Interested parties' means, with respect to any structured settlement, the payee, any beneficiary designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement.
(8) 'Payee' means an individual who is receiving tax-free damage payments under a structured settlement and proposes to make a transfer of payment rights thereunder.
(9) 'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26.
(10) 'Settled claim' means the original tort claim or workers' compensation claim resolved by a structured settlement.
(11) 'Structured settlement' means an arrangement for periodic payment of damages for personal injuries established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim.

2318

JOURNAL OF THE HOUSE

(12) 'Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement, including the rights of the payee to receive periodic payments.
(13) 'Structured settlement obligor' means, with respect to any structured settlement, the party that has the continuing periodic payment obligation to the payee under a structured settlement agreement or a qualified assignment agreement.
(14) 'Structured settlement payment rights' means rights to receive periodic payments (including lump sum payments) under a structured settlement, whether from the settlement obligor or the annuity issuer, where:
(A) The payee or any other interested party is domiciled in this state;
(B) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or
(C) The settled claim was pending before the courts of this state when the parties entered into the structured settlement agreement.
(15) Terms of the structured settlement' includes, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or approval of any court or responsible administrative authority or other government authority authorizing or approving such structured settlement.
(16) 'Transfer' means any sale, assignment, pledge, hypothecation, or other form of alienation or encumbrance made by a payee for consideration, but does not include: (A) any transaction which is expressly provided for in the structured settlement agreement and is executed within 30 days after execution of the structured settlement agreement; or (B) any testamentary disposition by the payee.
(17) 'Transfer agreement' means the agreement providing for the transfer of structured settlement payment rights from a payee to a transferee.
51-12-71.
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless:
(1) The transfer complies with the requirements of this article and will not contravene other applicable law;
(2) Not less than ten days prior to the date on which the transfer agreement is executed in writing, the transferee has provided to the payee an informational pamphlet relating to transfers of structured settlements as provided for in subsection (b) of Code Section 51-12-73, when available, and a separate disclosure statement in bold type, no smaller than 14 points, setting forth:
(A) The amounts and due dates of the structured settlement payments to be transferred;
(B) The aggregate amount of such payments;
(C) The discounted present value of such payments, together with the discount rate used in determining such discounted prreessent value;
(D) The gross amount payable to the payee in exchange for such payments;

TUESDAY, MARCH 23, 1999

2319

(E) An itemized listing of all brokers' commissions, service charges, application fees, processing fees, closing costs, filing fees, administrative fees, legal fees, notary fees and other commissions, fees, costs, expenses, and charges payable by the payee or deductible from the gross amount otherwise payable to the payee;
(F) The net amount payable to the payee after deduction of all commissions, fees, costs, expenses, and charges described in subparagraph (E) of this paragraph;
(G) The quotient (expressed as a percentage) obtained by dividing the net payment amount by the discounted present value of the payments; and
(H) The amount of any penalty and the aggregate amount of any liquidated damages (inclusive of penalties) payable by the payee in the event of any breach of the transfer agreement by the payee;
(3) Written notice at least two business days prior to the effective execution of the transfer agreement has been provided by the transferee to the annuity issuer and the structured settlement obligor by certified mail, postage prepaid; and
(4) The transferee has given written notice of the transferee's name, address, and taxpayer identification number to the annuity issuer and the structured settlement obligor.
51-12-72.
(a) Any transfer agreement of structured settlement payment rights must, in addition to the other requirements of this article, be executed in writing. The transfer agreement shall not be so executed until after the expiration of the ten-day period provided for in paragraph (2) of Code Section 51-12-71.
(b) No payee shall incur any obligation of any type with respect to a proposed transfer of structured settlement payment rights prior to the execution in writing of the transfer agreement.
(c) Any payee who executes in writing a transfer agreement shall have the right to rescind the transfer at any time within the next 21 days following the written execution of the transfer agreement. The transferee shall furnish to the payee at the time of execution of the transfer agreement a notice to the payee allowing the payee 21 days to cancel the transfer. This right to cancel shall not limit or otherwise affect the payee's right to cancel pursuant to any other provision of applicable law. The notice shall serve as the cover sheet to the transfer documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten point bold type, double spaced, and shall read substantially as follows:
'NOTICE OF CANCELLATION RIGHTS:
Please read this form completely and carefully. It contains valuable cancellation rights.
You may cancel this transaction at any time prior to 5:00 P.M. of the twenty-first day following receipt of this notice.
This cancellation right cannot be waived in any manner.
To cancel, sign this form, and mail or deliver it to the address below by 5:00 P.M. of ______ (the twenty-first day following the transaction). It is best to mail it by certified mail, return receipt requested, and to keep a photocopy of the signed form and your post office receipt.
Address to which cancellation is to be returned:

2320

JOURNAL OF THE HOUSE

I (we) hereby cancel this transaction.
Payee's Signature
Date:
51-12-73.
(a) The administrator is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Any such rules of a substantive nature shall be promulgated only when it is determined by the administrator, in the reasonable exercise of his or her discretion and on the basis of his or her expertise and the facts, submissions, evidence, and all information before him or her, that such rules are needed to prohibit or control acts or practices which create the probability of actual injury to payees.
(b) The administrator shall prepare a pamphlet containing information designed to help payees evaluate proposed transfers of structured settlements and shall distribute such pamphlets free of charge, except that persons engaged in the business of purchasing structured settlement payment rights may be charged a reasonable fee for such pamphlets.
51-12-74.
(a) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act," shall apply to all actions and proceedings of an administrative nature taken by the administrator pursuant to this article, except where the administrator is acting under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.' A violation of this article shall also be considered a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(b) In addition to any other proceedings authorized by this article, the administrator may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued by the administrator pursuant to this article.
51-12-75.
(a) In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the administrator may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article.
(b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the administrator shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All penalties recovered as provided in this Code section shall be paid into the state treasury.

TUESDAY, MARCH 23, 1999

2321

(c) The administrator may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court.
(d) The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the administrator with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto. 51-12-76.
(a) The provisions of this article may not be waived.
(b) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on
(1) Any failure of such transfer to satisfy the conditions of this article; or
(2) Any failure by the payee to execute the transfer agreement or any cancellation by the payee within the time prescribed in Code Section 51-12-72. 51-12-77.
Nothing contained in this article shall be construed to authorize any transfer of structured settlement payment rights in contravention of applicable law or to give effect to any transfer of structured settlement payment rights that is invalid under applicable law."
SECTION 2. Code Sections 51-12-73, 51-12-74, and 51-12-75 shall become effective only when funds are specificallly appropriated for the 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. Other provisions of this Act shall become effective 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:
Representative Bordeaux of the 151st moves to amend the Committee substitute to SB 130 as follows: On page 2, delete lines 12 through 15, inclusive; On page 2, delete lines 22 through line 3 of page 3, inclusive; Renumber items accordingly. On page 3, line 5, after the word "settlement" add the word "agreement".
The Committee substitute, as amended, was adopted.

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JOURNAL OF THE HOUSE

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Y Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps
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
Howard Y Hudgens Y Hudson, H Y Hudson, N

Y Hugley Y Irvin
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
McCall Y McClinton
McKinney
Y Millar E 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, by substitute, as amended, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Bill of the Senate which was previously read was again taken up for consideration: 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 evidence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.
The following amendments were read and adopted:

TUESDAY, MARCH 23, 1999

2323

Representatives Sims of the 167th and West of the 101st move to amend SB 150 as follows:
By deleting the words "for any county with a population of less than 30,000 according to the 1990 decennial census," and
After the word "county" at the end of such amendment remove the "." and add:

"unless otherwise approved by the local governing authority of the county."

Representatives Sims of the 167th and West of the 101st move to amend SB 150 as follows:
To renumber Section 2, page 2 to Section 3 and to provide a new Section 2 to provide as follows:

SECTION 2
Chapter 16, Article I of Title 45 is hereby amended by adding to OCGA Code Section 4516-7 a new subsection (c) which shall provide as follows:

(c) Notwithstanding any law to the contrary, for any county with a population of less than 30,000 according to the 1990 decennial census, there shall be appointed only one deputy coroner, and, on and after July 1, 1999, there shall only be one deputy coroner in each such county.

The following amendment was read:

Representative Stallings of the 100th moves to amend SB 150 as follows: By adding a new Section 2 to read as follows:

"In counties where the salary of the coroner is not on a fee basis, the salaries of said coroners shall be increased by the same percentage as the increase in the investigation fee as set forth in Section 2."
And by renumbering the following Section accordingly.

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 Davis, T Day Dean DeLoach, B DeLoach, G Dix
Dixon Dodson Dukes Ehrhart Epps Evans Everett Felton

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

N Jackson, L James
N Jamieson 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
Y McBee N McCall N McClinton
McKinney
N Millar E Mills N Mobley

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

2324
Roberts N Rogers N Royal N Sanders N Sauder N Scarlett N Scheid Y Scott N Shanahan
Shaw N Shipp

JOURNAL OF THE HOUSE

Y 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

N Smith, V N Smyre N Snelling N Snow N Squires Y Stallings N Stancil
Stanley, P Stanley-Turner
N Stephens N Stokes

N Stuckey N Taylor N Teague N Teper
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 N Williams, J N Williams, R N Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 19, nays 136.

The amendment was lost.

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

Y Alien Y Anderson 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 E 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
Dukes
Ehrhart Epps Y Evans
Y Everett Y Felton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree Y Banner Y Harbin Y Harrell
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
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 E Mills
Y Mobley Y Morris Y Mosley
Mueller Y Craeal 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 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
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 Y 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 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, MARCH 23, 1999

2325

SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of the 12th 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; to prohibit specified contracts; to provide for exceptions; to provide definitions.
The following Committee substitute was read and adopted:

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 provide that depositions may be taken before a court reporter who is a relative of a party or of counsel of a party in specified circumstances; to provide for penalties relating to the illegal conduct of court reporting firms; to require registration of court reporting firms; to authorize rules and regulations; to provide that court reporting firms are governed by laws governing court reporters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 9-11-28 of the Official Code of Georgia Annotated, relating to persons before whom depositions may be taken, is amended by striking in their entirety subsections (c) and (d), and inserting in lieu thereof the following:
"(c) Disqualification for interest. No deposition shall be taken before a court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially interested in the action, excepting that a deposition may be taken before a court reporter who is a relative of a party or of an attorney or counsel of a party if all parties represented at the deposition enter their explicit consent to the same upon the record of the deposition."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 15-14-37, relating to the prohibition of certain contracts and the duty of court reporters to inquire as to the nature of the contract, and inserting in lieu thereof the following:
"15-14-37.
(a) Contracts for court reporting services not related to a particular case or reporting incident between a certified court reporter or any person with whom a certified court reporter has a principal and agency relationship and any attorney at law, party to an action, party having a financial interest in an action, or agent for an attorney at law, party to an action, or party having a financial interest in an action are prohibited. Attorneys shall not be prohibited from negotiating or bidding reasonable fees for services on a case-by-case basis.
(b) In order to comply with subsection (a) of this Code section, each certified court reporter shall make inquiry regarding the nature of the contract for his or her services directed to the employer or the person or entity engaging said court reporter's services as an independent contractor.

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JOURNAL OF THE HOUSE

(c) This Code section shall not apply to contracts for court reporting services for the courts, agencies, or instrumentalities of the United States or of the State of Georgia.

(d) A court reporting firm doing business in Georgia shall register with the board by completing an application in the form adopted by the board and paying fees as required by the board.

(e) Each court reporting firm doing business in Georgia shall renew its registration annually on or before April 1 following the date of initial registration, by payment of a fee set by the board.

(f) Court reporting firms doing business in Georgia are governed by this article. The board shall have authority to promulgate rules and regulations not inconsistent with this article for the conduct of court reporting firms.

(g) The board is authorized to assess a reasonable fine, not to exceed $5,000.00, against any court reporting firm which violates any provision of this article or rules and regulations promulgated in accordance with this Code section."

SECTION 3.
This Act shall become effective on the first day of July following its approval by the Governor or upon its becoming law without such approval.

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

The report of the Committee, which was favorable to the passage of the Bill, by 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
Dean Y DeLoach, B Y DeLoach, G
Dix Y Dixon Y Dodson Y Dukes
Ehrhart Bpps
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

Y 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
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
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 23, 1999

2327

Snow Squires Stallings Stancil Stanley, P Stanley-Turner

Y Stephens Y Stokes Y Stuckey Y Taylor Y Teague Y Teper

Tillman
Tolbert Trense 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 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.

Representative Sims of the 167th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Smyre of the 136th assumed the Chair.
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 Annotated, relating to electronic signature pilot projects, so as to recreate the Electronic Commerce Study Committee and provide for its membership, organization, terms of office, vacancies, meetings, powers, and reports; to provide for allowances and expenses; to provide for an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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
Dix Y Dixon Y Dodson
Dukes Ehrhart 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 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 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 E 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

2328

JOURNAL OF THE HOUSE

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. 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 Georgia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected.
The following Committee substitute was read and adopted:
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 Georgia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected; to provide for the collection and remittance of wireless enhanced "911" charges, under certain circumstances, in counties where the governing authorities of more than one local government have adopted resolutions to impose such a charge; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Emergency Telephone Number '911' Service Act of 1977," is amended in Code Section 46-5-122, relating to definitions, by striking in its entirety paragraph (14) and inserting in lieu thereof a new paragraph (14) to read as follows:
"(14) Wireless telecommunications connection' means any mobile station for wireless service which ia assigned a number containing an area code assigned to Georgia by the North American Numbering Plan Administrator that connects a provider of wireless service to a provider of local exchange telephone service."
SECTION 2. Said part is further amended in Code Section 46-5-124, relating to guidelines for implementing a state-wide emergency telephone number "911" system, by adding a new subsection (d) to read as follows:
"(d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1."
SECTION 3. Said part is further amended by adding following Code Section 46-5-124 a new Code section, to be designated as Code Section 46-5-124.1, to read as follows:

TUESDAY, MARCH 23, 1999

2329

"46-5-124.1.

(a) Any wireless service supplier that provides wireless service or is authorized to provide wireless service in Georgia shall register the following information with the director:
(1) The name, address, and telephone number of the representative of the wireless service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted;
(2) The name, address, and telephone number of the representative of the wireless service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection;

(3) The counties in Georgia in which the wireless service supplier is authorized to provide wireless service; and

(4) Every corporate name under which the wireless service supplier is authorized to provide wireless service in Georgia.

(b) A wireless service supplier shall notify the director of any change to the information described in subsection (a) of this Code section within 30 days of such change."

SECTION 4.
Said part is further amended by striking in its entirety subsection (a) of Code Section 46-5-133, relating to the authority of a local government to adopt a resolution imposing a monthly "911" charge, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency '911' system is authorized to adopt a resolution to impose a monthly '911' charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the '911' service. Subject to the provisions of subsection (b) of this Code section and of subparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency '911' system which is capable of providing or provides enhanced '911' service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced '911' charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose billing address is within the jurisdiction of the local government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection of the '911' charge or wireless enhanced '911' charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days following the date of the adoption of such resolution or any amendment to such resolution by the local government. The '911' charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced '911' charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis."

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JOURNAL OF THE HOUSE

SECTION 5.
Said part is further amended in Code Section 46-5-134, relating to the billing of subscribers, by striking in its entirety paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a '911' call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the juriadiction of auch local government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' charges charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and, in no event, shall such wireless enhanced '911' charge exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber.
(B) On and after October 1, 2001, if the governing authority of a local government operates or contracts for the operation of an emergency '911' system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the jurisdiction of such local government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system may be billed for the monthly wireless enhanced '911' chargca charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced '911' charge may not exceed the amount of the monthly '911' charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber.
(C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced '911' charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced '911' charge from those telephone subscribers whose billing address is within the jurisdiction of the local government geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency '911' system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced '911' charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced '911' charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first."
SECTION 6.
Said part is further amended by adding a new Code section, to be designated as Code Section 46-5-134.1, to read as follows:
"46-5-134.1.

TUESDAY, MARCH 23, 1999

2331

(a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced '911' charge in accordance with the provisions of subsection (a) of Code Section 46-5133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134.

(b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced '911' charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced '911' charge.

(c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments.

(d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced '911' charge as provided in Code Section 46-5-134."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

On the passage of the Bill, by substitute, the 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 E 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
Dukes Ehrhart
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
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 Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

2332
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
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
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
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, by substitute, the ayes were 158, nays 0.

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

Pursuant to Rule 134, Representative Connell of the 115th was excused from voting on SB 178.

The report of the Committee, which was favorable to the 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 Davis, T Day
Dean DeLoach, B DeLoach, G Dix Dixon Dodson Dukes
Ehrhart Epps Evans Everett Felton

N 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
McClinton McKinney Y Millar E 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

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

TUESDAY, MARCH 23, 1999

Y Sholar Sims
Y Sinkfleld 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 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

2333
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, the ayes were 158, nays 1.
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.
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, counselors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
The following amendment was read and withdrawn:
The Committee on Insurance moves to amend SB 181 by striking line 15 of page 5 and inserting in its place the following:
"the event of a claim;".
By striking line 18 of page 5 and inserting in its place the following:
"purchase such coverage; and
(D) Divisions (ii) and (iii) of subparagraph (B) of this paragraph must also be communicated verbally to the client at the time of rental.".
By striking lines 25 and 26 of page 5 and inserting in their place the following:
"subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction".
The following substitute, offered by Representative Harbin of the 113th, was read:
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; to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses; to provide that certain motor vehicle rental companies may be licensed as insurance agents for purposes of selling insurance in connection with rental of vehicles; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking and reserving Code Section 33-3-11, relating to requirements of countersignature of licensed resident agent, which reads as follows:
"33-3-11.

(a) No authorized insurer shall issue a policy covering a subject of insurance resident, located, or to be performed in Georgia unless the policy or countersignature endorsement attached thereto is countersigned by its licensed agent resident in Georgia. A licensed service representative resident in Georgia may countersign a policy or endorsement for and on behalf of the licensed agent upon written request of the Georgia agent.
(b) Subsection (a) shall not apply to:
(1) Reinsurance or to life or accident and sickness insurance;
(2) Insurance of the rolling stock, vessels, or aircraft of any common carrier in interstate or foreign commerce or insurance of any vehicle principally garaged and used in another state or covering any liability or other risks incident to the ownership, maintenance, or operation thereof;
(3) Insurance of property in course of transportation, interstate or in foreign trade, or any liability or risk incident thereto;
(4) Insurance of ocean marine risks;
(5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or
(6) Policies and contracts of insurance issued by insurers operating through or otherwise using employee or independent contractor agents who exclusively represent one insurer or a group of insurers under common ownership or control in the solicitation or servicing of business.
(c) Violation of this Code section shall not invalidate the policy."
SECTION 2. Said title is further amended by striking Code Section 33-23-1, relating to definitions relative to licensing of agents, agencies, subagents, counselors, and adjusters, and inserting in lieu thereof the following:
"33-23-1.

(a) As used in this article, the term:
(1) 'Adjuster' means any person who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster' does not include:
(A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or

TUESDAY, MARCH 23, 1999

2335

(B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer.

(2) 'Agency' means a person who represents one or more insurers and is engaged in the business of soliciting or procuring insurance or applications for insurance or countersigning, issuing^ or delivering contracts of insurance for one or more insurers.

(3) 'Agent' means an individual appointed or employed by an insurer who solicits insurance or procures applications for insurance; who in any way, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance.

(4) 'Controlled business of a person' means property or casualty insurance for a person or a person's spouse; for any relative by blood or marriage within the second degree of kinship as defined by paragraph (5) of Code Section 53-4-2; for a person's employer or the firm of which a person is a member; for any officer, director, stockholder, or member of a person's employer or of any firm of which a person is a partner; for any spouse of the officer, director, employer, stockholder, or member of a person's firm; for a person's ward or employee; or for any person or in regard to any property under a person's control or supervision in any fiduciary capacity.

(5) 'Counselor' means any person who engages or advertises or holds himself or herself out as engaging in the business of counseling, advising, or rendering opinions as to the benefits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the contract of insurance, other than an actuary or consultant advising insurers. When receiving a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transaction.

(6) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer.

(7) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties.

(8) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses but excluding claims arising out of any motor vehicle accident.

(9) 'Subagent' means any licensed agent, except as provided in Code Section 33-2312 of this article, who acts for or on behalf of another licensed agent in the solicitation of, negotiations for, or procurement or making of an insurance contract or annuity contract whether or not the person is designated by the agent as subagent, solicitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term 'subagent' shall not include:

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(A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or
(B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance.
(10) 'Surplus lines broker' means a person as defined in Code Section 33-1-2.
(b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include:
(1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction so long as such person is not involved in soliciting insurance or signing or countersigning contracts;
(2) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession;
(3) Any representative of ocean marine insurers;
(4) Any representative of farmers' mutual fire insurance companies as defined in Chapter 16 of this title;
(5) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer;
(6) A person acting for or as a collection agency; or
(7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master policyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission."
SECTION 3.
Said title is further amended by striking Code Section 33-23-2, relating to licensing of only individuals as agents, and inserting in lieu thereof the following:
"33-23-2.

A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual except in the case of licenses issued pursuant to subsection (c) of Code Section 33-23-12."
SECTION 4.
Said title is further amended by striking Code Section 33-23-12, relating to limited licenses, and inserting in lieu thereof the following:
"33-23-12.

TUESDAY, MARCH 23, 1999

2337

(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, and subsection (c) of this Code section for rental companies, the Commissioner may provide by rule or regulation for licenses of agents or subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such limited license may be issued without requiring the applicant to hold an agent's license.
(b)(l) Licenses shall be issued to individual persons for the purpose of writing credit insurance as provided in this subsection. Applicants must be sponsored by an insurer authorized to write credit insurance in this state, and the applicant must certify that he or she has read and understands the provisions of this title and regulations promulgated pursuant to this title which are pertinent to credit insurance in this state.
(2) No prelicensing education or prelicensing examination shall be required for issuance of such license, and the insurer shall certify that the licensee has completed a minimum of five hours of self-study in credit insurance subjects.
(3) The lines or sublines of insurance included in the scope of authority of credit insurance licenses issued under this Code section, whether issued as an agent or subagent license, shall include, but not be limited to, the following:
(A) Credit life and credit accident and sickness insurance;
(B) Credit casualty insurance;
(C) Credit property insurance;
(D) Credit unemployment insurance;
(E) Accidental death and dismemberment insurance;
(F) Nonfiling or nonrecording insurance;
(G) Vendors' single interest insurance; and
(H) Any other lines or sublines of insurance which may become accepted as credit insurance by the insurance and lending industries unless otherwise disapproved by the Commissioner.
(c)(l) As used in this subsection, the term:
(A) 'Limited licensee' means a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to the provisions of this subsection;
(B) 'Rental agreement' means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease;
(C) 'Rental company' means any person or entity in the business of providing primarily private passenger vehicles to the public under a rental agreement for a period not to exceed 90 days;
(D) 'Renter' means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed 90 days;
(E) 'Vehicle' or 'rental vehicle' means a motor vehicle of the private passenger type including passenger vans, minivans, and sport utility vehicles, and of the cargo type, including cargo vans, pick-up trucks, and trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license; and
(F) 'Rental period' means the term of the rental agreement.

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(2) The Commissioner may issue to a rental company that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance through a licensed insurer in connection with the rental of vehicles.

(3) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner a written application for a limited license, signed by an officer of the applicant, in such form or forms, and supplements thereto, and containing such information, as the Commissioner may prescribe.

(4) In the event that any provision of this subsection is violated by a limited licensee, the Commissioner may:
(A) After notice and a hearing, revoke or suspend a limited license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22; or
(B) After notice and a hearing, impose such other penalties, including suspending the transaction of insurance at specific rental locations where violations of this subsection have occurred, as the Commissioner deems to be necessary or convenient to carry out the purposes of this subsection.

(5) The rental company licensed pursuant to paragraph (2) of this subsection may offer or sell insurance through licensed insurers only in connection with and incidental to the rental of vehicles, whether at the rental office or by preselection of coverage in an individual, master, corporate, or group rental agreement, in any of the following general categories:
(A) Personal accident insurance covering the risks of travel, including but not limited to accident and health insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for accidental death or dismemberment and reimbursement for medical expenses resulting from an accident that occurs during the rental period;
(B) Liability insurance, which, at the exclusive option of the rental company, may include uninsured and underinsured motorist coverage whether offered separately or in combination with other liability insurance, that provides coverage, as applicable, to renters and other authorized drivers of rental vehicles for liability arising from the operation of the rental vehicle;
(C) Personal effects insurance that provides coverage, as applicable, to renters and other rental vehicle occupants for the loss of, or damage to, personal effects that occurs during the rental period;
(D) Roadside assistance and emergency sickness protection programs; and
(E) Any other travel or vehicle related coverage that a rental company offers in connection with and incidental to the rental of vehicles.
(6) No insurance may be offered by a limited licensee pursuant to this subsection unless:
(A) The rental period of the rental agreement does not exceed 90 consecutive days;
(B) At every rental location where rental agreements are executed, brochures or other written materials are readily available to the prospective renter that:
(i) Summarize clearly and correctly the material terms of coverage offered to renters, including the identity of the insurer;

TUESDAY, MARCH 23, 1999

2339

(ii) Disclose that such policies offered by the rental company may provide a duplication of coverage already provided by a renter's personal automobile insurance policy, homeowner's insurance policy, personal liability insurance policy, or other source of coverage;
(iii) State that the purchase by the renter of the kinds of coverage specified in this subsection is not required in order to rent a vehicle; and
(iv) Describe the process for filing a claim in the event the renter elects to purchase coverage and in the event of a claim; and
(C) Evidence of coverage on the face of the rental agreement is disclosed to every renter who elects to purchase such coverage.
(7) Any limited license issued under this subsection shall also authorize any employee of the limited licensee to act individually on behalf, and under the supervision, of the limited licensee with respect to the kinds of coverage specified in this subsection.
(8) Each rental company licensed pursuant to this subsection shall conduct a training program in which employees being trained shall receive basic instruction about the kinds of coverage specified in this subsection and offered for purchase by prospective renters of rental vehicles. A rental company shall certify that, prior to offering such coverages, each employee has received such instruction.
(9) Notwithstanding any other provision of this subsection or any rule adopted by the Commissioner, a limited licensee pursuant to this subsection shall not be required to treat moneys collected from renters purchasing such insurance when renting vehicles as funds received in a fiduciary capacity, provided that the charges for coverage shall be itemized and be ancillary to a rental transaction. The sale of insurance not in conjunction with a rental transaction shall not be permitted.
(10) No limited licensee under this subsection shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers."
SECTION 5.
Said title is further amended by striking subsection (b) of Code Section 33-23-20, relating to effect of license suspension or placement of license on inactive status, and inserting in lieu thereof the following:
"(b) In case of a sale of an agency upon a work-out basis, the vendor without maintaining his or her license or the executors and administrators of the vendor's estate may participate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, when the countersignature of a resident licensed agent is required pursuant to Code Section 33-3-26 and if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods."
SECTION 6.
Said title is further amended by striking subsection (b) of Code Section 33-23-28, relating to scope of subagent's authority and record of transactions, and inserting in lieu thereof the following:
"(b) A subagent shall not have power to bind an insurer or to countersign policies."

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SECTION 7. Said title is further amended by striking Code Section 33-23-30, relating to restrictions on signing or countersigning by agents, and inserting in lieu thereof the following:
"33-23-30.
An agent shall not sign or countersign in blank any policy to be issued outside of such agent's office nor countersign in blank any endorsement of any policy to be ioaucd outside of auch agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign or countcraign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents."
SECTION 8.
Said title is further amended by striking Code Section 33-23-31, relating to risk situs and requirement of countersignature of resident agent, and inserting in lieu thereof the following:
"33-23-31.
(a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state.
(b) All insurance contracts on rioka or property or persons located or having a aitua in thia state ahall bear the eountcrsignaturc of an agent who ia liccnacd pursuant to Code Section 33 33 5, except:
(1) Any contract of inaurancc covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle uacd in interstate or foreign commerce, or covering any liability or other riaka incident to the ownership, maintenance, or operation
(2) Any contract of property inaurancc upon property of railroad companies and other common carriers;
(3) Any contract of inaurancc covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier;
(4) Any contract of reinsurance between insurers;
(6) Any contract of life or accident and aickncaa inaurancc;
(6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project; or
(7) Policies and contracts of inaurancc issued by inaurcra operating through or oth crwisc uaing employee or independent contractor agcnta who exclusively represent one insurer or a group of insurers under common ownership or control in the aolici tation or acrvicing of buainoaa.

TUESDAY, MARCH 23, 1999

2341

(c) A nonresident who ia the holder of a nonrcaidcnt agent's license from thio state shall not directly or indirectly aolicit, negotiate, or effect insurance contracts in this atatc unlcaa accompanied by a countcraigning agent licensed pursuant to this chapter.
(dXb) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto."
SECTION 9.
Said title is further amended by striking Code Section 33-23-32, relating to commissions for countersigning by resident agents, and inserting in lieu thereof the following:
"33-23-32.

Except aa provided in subsection (b) of Code Section 33 33 31 Except when required in retaliation pursuant to Code Section 33-3-26, all insurance contracts on risks or property located or having a situs in this state muat need not be countersigned by an agent duly licensed in accordance with Code Section 33-23-5; aad- but, if a licensed nonresident agent participates in the effectuation of such contract and a countersignature is so required, the countersigning agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis."
SECTION 10.
Said title is further amended by striking subsection (a) of Code Section 33-23-34, relating to records of transactions, and inserting in lieu thereof the following:
"(a) Every agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include:

2342

JOURNAL OF THE HOUSE

(1) In the case of an agent or subagent, a record of each insurance contract procured^ or issued, or countcraigncd together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid;
(2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and
(3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner."
SECTION 11.
Said title is further amended by striking Code Section 33-23-40, relating to contracts issued or countersigned by unauthorized persons, and inserting in lieu thereof the following:
"33-23-40.

Any contract of insurance issued or countersigned by a person prohibited by this chapter from so issuing or countcraigning it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the violation shall be guilty of a misdemeanor."
SECTION 12.
Said title is further amended by striking Code Section 33-24-13, relating to execution of policies and use of facsimile signatures, and inserting in lieu thereof the following:
"33-24-13.

(ft)-Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature.
(b) No insurance contract issued which ia othcrwiac valid ahall be rendered invalid by reason of the apparent execution of the contract on behalf of the insurer by the imprinted facaimilc signature of an individual not authorized ao to execute aa of the date of the policy if the policy ia countcraigncd with the original signature of an individual then so authorized."
SECTION 13.
Said title is further amended by striking subsection (c) of Code Section 33-24-32, relating to underwriters' and combination policies, and inserting in lieu thereof the following:
"(c) Notwithatanding Code Section 33-3-11 where an authorized insurer issues a single policy of insurance together with one or more other insurcra, a licensed resident agent of auch insurer may countersign the policy on behalf of all insurers appearing on the policy Reserved."
SECTION 14.
Said title is further amended by striking and reserving Code Section 33-40-13, relating to countersigning of policies, which reads as follows:

TUESDAY, MARCH 23, 1999

2343

"33-40-13.

A policy of insurance issued to a risk retention group or any member of that group shall not be required to be countersigned as otherwise provided in Chapter 23 of this title."
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Harbin of the 113th moves to amend the Floor substitute to SB 181 by striking line 20 of page 9 and inserting in its place the following:
"the event of a claim;". By striking line 23 of page 9 and inserting in its place the following:
"purchase such coverage; and (D) Divisions (ii) and (iii) of subparagraph (B) of this paragraph must also be communicated verbally to the client at the time of rental.". By striking lines 30 and 31 of page 9 and inserting in their place the following:
"subsection shall provide a training program in which employees being trained by a licensed instructor receive basic insurance instruction .

Representatives Hugley of the 133rd and Heard of the 89th move to amend the Floor substitute to SB 181 as follows:
By adding on line 34 of page 9 following the word "vehicles." the following:

Additionally, each rental company shall provide for such employees 5 hours continuing education courses annually to be taught by a licensed instructor.

The Floor substitute, as amended, was adopted.

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

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

Y Alien Y Anderson Y Ashe 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 E 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
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 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

2344
Y Morris Y Mosley
Mueller Y O'Neal Y Orrock
Parham Y Parrish Y Parsons Y Pelote
Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas

JOURNAL OF THE HOUSE

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

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 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
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 162, nays 0.

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

The Speaker assumed the Chair.
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 Substance Abuse Service Delivery 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 Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong N Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch E 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 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
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 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 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 E Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E 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
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
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

TUESDAY, MARCH 23, 1999

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

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

2345
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.
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.
Representative Bohannon of the 139th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Bill of the Senate, having been postponed from yesterday was read: 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.
The following Committee substitute was read:
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 make available coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to require prior authorization for coverage for general anesthesia and associated hospital or ambulatory surgical facility charges for dental care under certain circumstances; to authorize certain insurers, nonprofit health care plans, health maintenance organizations, and other related benefit providers to restrict coverage for general anesthesia and associated hospital and ambulatory surgical facility charges to dental care that is provided by certain dentists under certain circumstances; to provide for 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 the regulation of insurance generally, is amended by adding a new Code Section 33-2428.4 to read as follows:
"33-24-28.4.
(a) As used in this Code section, the term 'general anesthesia' means the use of an anesthetic that is complete and affects the entire body, causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through inhalation.

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JOURNAL OF THE HOUSE

(b)(l) Any individual or group plan, policy, or contract for health care services which is issued, delivered, issued for delivery, or renewed in this state by a health care insurer, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes health care services to patients, insureds, or beneficiaries in this state shall be subject to the provisions of this Code section.
(2) Any entity listed in paragraph (1) of this subsection and located or domiciled outside of this state shall be subject to the provisions of this Code section if it receives, processes, adjudicates, pays, or denies any claim for health care services submitted by or on behalf of any patient, insured, or other beneficiary who resides or receives health care services in this state.
(c) Any entity that provides a health care services plan, policy, or contract subject to this Code section shall make available, either as a part of or as an optional endorsement to such plan, policy, or contract, coverage for general anesthesia and associated hospital or ambulatory surgical facility charges in conjunction with dental care provided to a person insured or otherwise covered under such plan if such person is:
(1) Seven years of age or younger or is developmentally disabled;
(2) An individual for which a successful result cannot be expected from dental care provided under local anesthesia because of a neurological or other medically compromising condition of the insured; or
(3) An individual who has sustained extensive facial or dental trauma, unless otherwise covered by workers' compensation insurance.
(d) Any entity that provides a health care services plan, policy, or contract subject to this Code section may require prior authorization for general anesthesia and associated hospital or ambulatory surgical facility charges for dental care in the same manner that prior authorization is required for such benefits in connection with other covered medical care.
(e) Any entity that provides a health care services plan, policy, or contract subject to this Code section may restrict coverage under this Code section to include only procedures performed by:
(1) A fully accredited specialist in pediatric dentistry or other dentist fully accredited in a recognized dental specialty for which hospital or ambulatory surgical facility privileges are granted;
(2) A dentist who is certified by virtue of completion of an accredited program of post-graduate training to be granted hospital or ambulatory surgical facility privileges; or
(3) A dentist who has not yet satisfied certification requirements but has been granted hospital or ambulatory surgical facility privileges.
(f) This Code section shall not apply to limited benefit insurance policies as defined in paragraph (4) of subsection (e) of Code Section 33-30-12."

TUESDAY, MARCH 23, 1999

2347

SECTION 2. This Act shall apply to all plans, policies, or contracts issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1999.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representative Jones of the 71st et al. move to amend the Committee substitute to SB 66, such bill being designated LC 25 1411S, by striking lines 25 and 26 on page 2 and inserting in lieu thereof the word "provide coverage".

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

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

N Davis, T Y Day Y Dean N DeLoach, B Y DeLoach, G N 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 N Grindley Y 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
Y Irvin Y Jackson, B Y Jackson, L
Y James Y Jamieson Y Jenkins Y Jennings Y Jones N Joyce Y Kaye
Lane N Lewis
N Lord Y Lucas Y Maddox N Mann Y Manning
Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney
Y Millar E Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons

Y Pelote
Y Pinholster
Y Poag Ponder
Y Porter Y Powell
Y Purcell
Y Ragas Y Randall N Ray Y Reaves Y Reece Y Reed
Y Reese Reichert
N Rice Y Richardson Y Roberts N Rogers Y Royal N Sanders
Sauder N Scarlett
Scheid N 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
N 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 Tolbert Y Trense
Turnquest N Twiggs Y Unterman Y Walker, L Y Walker, H.L Y Watson N West N Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 132, nays 30.
The amendment was adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

2348

JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y 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 E 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
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 Ployd 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 Y Kaye Y Lane N Lewis N Lord Y Lucas Y Maddox
Mann Y Manning
Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell
Purcell Y Eagas Y Randall Y Ray Y Reaves Y Reece Y Reed N Reese
Reichert N Rice Y Richardson Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scarlett
Scheid N 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 passage of the Bill, by substitute, as amended, the ayes were 143, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended. 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 accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effective date.
The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, 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 direc-

TUESDAY, MARCH 23, 1999

2349

tion at the intersection; to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, is amended by striking in its entirety subsection (a) of Code Section 40-6-70, relating to vehicles approaching or entering an intersection, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, provided that when a vehicle approaches or enters an intersection with no stop signs or other traffic-control devices from a highway that terminates at the intersection, the driver of that vehicle shall yield the right of way to the other vehicle, whether the latter vehicle be on his such driver's right or left. 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 were facing in each direction at the intersection."

SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 40-6-275, relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway, and inserting in lieu thereof the following:
"40-6-275.
(a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions of this Code section.
(b) This Code section shall apply to motor vehicle traffic accidents which occur on the expressways and multilane highways of this state.
(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury; or death, or extensive property damage, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver's license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary manner without further damage or hazard to itself, to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver's license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request.
(d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section.

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JOURNAL OF THE HOUSE

(e) This Code section shall not abrogate or affect a driver's duty to file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident.
(f) This Code section shall not abrogate or affect a driver's duty to stop and give information in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law.
(g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury^ or death, or extensive property damage, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury? or death, or extensive property damage may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation."
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 ruled not germane:

Representative Joyce of the 1st moves to amend the Committee substitute to SB 236 as follows:
Insert on page 3 between lines 26 and 27
"SECTION 3.
Strike subsection (k) of Code Section 40-5-2, relating to licenses and insert:
'(k)(l) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information.
(2) Not later than 90 days after the effective date of this paragraph, the department shall destroy all records of fingerprints obtained on and after April 15, 1996, and prior to the effective date of this paragraph from applicants for drivers' licenses issued by the department.'
SECTION 4.
Strike Code Section 40-5-28, relating to licenses and insert: '40-5-28.
The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and

TUESDAY, MARCH 23, 1999

2351

which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee.
Renumber sections accordingly."

Representative Joyce of the 1st moved to appeal the ruling of the Chair.

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 N Benefield N Birdsong N Bohannon N Bordeaux N Borders N Bridges N Brooks
Y Brown
N Buck N Buckner N Bulloch E Bunn N Burkhalter N Byrd Y Callaway N Campbell N Cash N Channel! N Childers N Clark N 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 N Ehrhart N Epps N Evans N Everett N Felton N Floyd Y Franklin N Golick N Graves N Greene N Grindley N Hammontree N Hanner N Harbin E Harrell N Heard
Heckstall
N Hegstrom
N Hembree N Henson N Holland N Holmes N Houston
N Howard N Hudgens E Hudson, H N Hudson, N

N Hugley N Irvin N Jackson, B N Jackson, L
N James N Jamieson N Jenkins N Jennings
Jones Y Joyce Y 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 N McCall N McClinton
McKinney
N Millar E Mills N Mobley N Morris
N Mosley N Mueller N CCNeal N Orrock N Parham N Fairish N Parsons

N Pelote
N Pinholster
N Poag
Ponder
N Porter N Powell N Purcell N Ragas
Eandall
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 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

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 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 motion, the ayes were 9, nays 157.
The motion was lost.
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 "nay" thereon.
The following amendment was read:
Representatives Mobley of the 69th, Everett of the 163rd and Pelote of the 149th move to amend the Committee substitute to SB 236 by inserting after the semicolon on line 7 of page 1 the following:
"to change certain provisions relating to requirement of driver to exercise due care and allowance of proper use of radios and mobile telephones;".

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JOURNAL OF THE HOUSE

By redesignating Sections 2 through 4 as Sections 3 through 5, respectively, and by inserting after line 33 of page 1 the following:
"SECTION 2. Said chapter is further amended hy striking Code Section 40-6-241, relating to requirement of driver to exercise due care and allowance of proper use of radios and mohile telephones, and inserting in lieu thereof the following:
'40-6-241.

A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that the proper including without limitation any use of a radio, citizens band radio, or mobile telephone ahall not be a violation of this Code section which involves more than one hand simultaneously while such vehicle is in motion.'".
The following amendment was read and adopted:

Representatives DeLoach of the 172nd and Bordeaux of the 151st move to amend the Mobley amendment to SB 236 as follows:
On page 1, place a period after the word 'Vehicle" on line 21 and delete all language thereafter.

The following amendment was read and lost:

Representatives Tolbert of the 25th and Cash of the 108th move to amend the Mobley amendment to SB 236 as follows:
Page 1 line 18 after the word driver insert "under the age of 18".

On the adoption of the Mobley amendment, 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

N Connell N Cooper N Cox N Crawford N Cummings Y Davis, M N Davis, T N Day Y Dean
Y DeLoach, B
N DeLoach, G N Dix Y Dixon
Dodson
N Dukes N Ehrhart Y Epps N Evans Y Everett
N Felton N Floyd N Franklin
Golick
Graves N Greene N Grindley N Hammontree
N Hanner N Harbin E Harrell

N Heard Heckstall
Y Hegstrom N Hembree
Henson N Holland Y Holmes N Houston N Howard N Hudgens E Hudson, H N Hudson, N
Hugley N Irvin N Jackson, B Y Jackson, L Y James N Jamieson N Jenkins N Jennings Y Jones N 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 N McCall Y McClinton
McKinney N Millar
E Mills Y Mobley N Morris N Mosley N Mueller Y O'Neal
Y Orrock N Parham N Parrish N Parsons Y Pelote N Pinholster N Poag
Ponder
N Porter N Powell N Purcell Y Ragas Y Randall N Ray N Reaves N Reece

Y Reed
N Reese Y Reichert N Rice N Richardson N Roberts N Rogers
N Royal N Sanders N Sauder N Scarlett
N Scheid N Scott N Shanahan N Shaw N Shipp
N Sholar N Sims Y 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
Smyre
N Snelling

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2353

N Snow N Squires N Stallings N Stancil N Stanley, P Y Stanley-Turner

N Stephens N Stokes
Y Stuckey Y Taylor Y Teague Y Teper

N Tillman N Tolbert
N Trense Turnquest
N Twiggs N Unterman

N Walker, L N Walker, R.L Y Watson N West
Westmorland 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 32, nays 129.
The amendment was lost.
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 "nay" thereon.
The following amendment was read and ruled not germane:
Representatives Williams of the 114th and Parham of the 122nd move to amend the Committee substitute to SB 236 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to provide that when two vehicles approach or". By striking lines 14 and 15 on page 1 and inserting in lieu thereof the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is". By striking from line 2 of page 2 the word "chapter" and inserting in lieu thereof the word "title". By renumbering Sections 3 and 4 on page 3 as Sections 4 and 5, respectively, and inserting between lines 26 and 27 on page 3 the following:
"SECTION 3. Said title is further amended by striking subparagraph (a)(3)(G) of Code Section 40-9101, relating to motor vehicle self-insurance, and inserting in lieu thereof the following:
'(G) Until December 31, 4998 2000, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 499? 1998.'"
The following amendment was read and adopted:
Representative Jennings of the 63rd, Parham of the 122nd and Benefield of the 96th move to amend the Committee substitute to SB 236 by striking from line 4 of page 1 the following:
"a malfunctioning or", and inserting in lieu thereof the following:
"an".
By adding on line 7 of page 1 between the semicolon and the word "to" the following:
"to provide rules for when a flashing indication is given;".

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By striking from line 30 of page 1 the following:
"a malfunctioning or", and inserting in lieu thereof the following:

By striking the quotation marks at the end of line 33 of page 1 and inserting at the end of said line 33 the following:

"When a flashing indication is given, the driver shall stop for the flashing red signal and exhibit caution while passing through a flashing yellow indication.'"

The Committee substitute, as amended, was adopted.

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

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

N Alien Anderson
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 Y Bulloch E 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 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 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 Y McClinton Y McKinney Y Millar E 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
Randall Y Ray Y 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 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 170, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

TUESDAY, MARCH 23, 1999

2355

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".

The following amendment was read and adopted:

Representatives Martin of the 47th, Walker of the 141st, Coleman of the 142nd and Buck of the 135th move to amend SB 1 by adding immediately before the quotation mark on line 11 of page 3 the following:

"In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Judicial Council of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year."

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 E 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
Epps Evans Everett
Y Pelton 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 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
Lucas Y Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L
Massey Y McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal Y Orrock
Parham Y Fairish Y Parsons

Y Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece Y Reed
Reichert Rice Richardson Roberts Rogers Eoyal 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, as amended, the ayes were 160, nays 0.

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The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Squires of the 78th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon. SB 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 battery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.
The following amendment was read and withdrawn:
The Committee on Education moves to amend SB 49 by striking on line 22 of page 1 the word and symbol "functions:" and inserting in lieu thereof the following:
"functions, in a manner that is appropriate to the age of the student:". By striking the number "1999" on line 30 of page 2 and inserting in lieu thereof "2000".
The following substitute, offered by Representative Jamieson of the 22nd, was read and adopted:
A BILL
To amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the "Public School Disciplinary Tribunal Act," so as to require that student codes of conduct include provisions addressing verbal assault, physical assault or battery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions; to provide for the filing of such provisions with the State Board of Education and for their review as to form; to provide for the distribution of student codes of conduct in conjunction with student handbooks and for parents' and guardians' acknowledgments of receipt; 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. Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20, the "Public School Disciplinary Tribunal Act," is amended by adding a new Code section, to be designated as Code Section 20-2-751.4, to read as follows:
"20-2-751.4.
(a)(l) Each student code of conduct shall contain provisions that address the following conduct of students during school hours and at school-related functions, in a manner that is appropriate to the age of the student:
(A) Verbal assault of teachers, administrators, and other school personnel; (B) Physical assault or battery of teachers, administrators, and other school personnel; (C) Disrespectful conduct toward teachers, administrators, and other school personnel; (D) Verbal assault of other students;

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2357

(E) Physical assault or battery of other students;
(F) Disrespectful conduct toward other students; and
(G) Verbal assault of, physical assault or battery of, and disrespectful conduct toward persons attending school-related functions.

(2) No later than August 15, 2000, each local board of education shall send to the State Board of Education a copy of the provisions of its student code of conduct that address the items identified in paragraph (1) of this subsection. The state board shall review such provisions to ensure that each of the items identified in paragraph (1) of this subsection is addressed and shall notify a local board of education, no later than October 15, 2000, of any items which are not addressed in its submission to the state board. Nothing in this subsection shall be construed as authorizing or requiring the state board to review or approve the substance of the student codes of
conduct.

(b) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a summary of the student code of conduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include a form on which the student's parent or guardian may acknowledge his or her receipt of the code, and the local school shall request that the form be signed and returned to the school."

SECTION 2. This Act shall become effective on July 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien Y Anderson
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 E 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 DeLoaeh, 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 Manner Y Harbin Y Harrell Y Heard
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 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
McBee Y McCall Y McClinton
McKinney Y Millar E Mills Y Mobley

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

2358
Roberts
Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp

JOURNAL OF THE HOUSE

Y Sholar
Y Sims
Y Sinkfield Skipper
Y Smith, B Y Smith, C Y Smith, C.W
Smith, L 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 Y Turnquest Y Twiggs Y Unterman Y Walker, L

Walker, R.L Watson West Westmoreland Whitaker Wiles Williams, J Williams, H 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.
Representative Skipper of the 137th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 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 Annotated, 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 Annotated, 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.
The following amendment was read and withdrawn:
The Committee on Education moves to amend SB 72 by striking the words "shall not" on line 40 of page 3 and inserting in lieu thereof the word "may".
The following substitute, offered by Representative Jamieson of the 22nd et al., was read:
A BILL
To amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to 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 Annotated, relating to elementary and secondary education, so as to change certain provisions regarding special instructional assistance programs for students with developmental deficiencies; to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; 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 authorize the juvenile court, upon the petition of a local board of education, to order parents or guardians to attend school conferences regarding their children's disciplinary problems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, MARCH 23, 1999

2359

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child:
(A) Who is alleged to be delinquent;
(B) Who is alleged to be unruly; (C) Who is alleged to be deprived;
(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or
(2) Involving any proceedings:
(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law;
(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;
(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; of (D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion?; or
(E) Brought by a local board of education pursuant to Code Section 20-2-766.1."
SECTION 2.
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 special instructional assistance programs under the "Quality Basic Education Act" for students with developmental deficiencies, and inserting in its place a new Code Section 202-153 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

2360

JOURNAL OF THE HOUSE

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 eligible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related 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 program, including specification of the student eligibility criteria to be applied, the allowable 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 number 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 documentation of the number of eligible students estimated to be served; provided, however, 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, any funds which are appropriated shall be directed toward addressing the needs of the youngest most needy eligible students in each local school system as identified by the local board of education in each local system."
SECTION 3.
Said chapter is further amended in Code Section 20-2-160, relating to student program counts under the "Quality Basic Education Act," by striking subsection (a) and inserting in its place the following:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each onesixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide

TUESDAY, MARCH 23, 1999

2361

materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 n*ay shall be counted for the high school program for nly that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection and for that portion of the day that the student is attending such eligible institution for those segments that would be eligible to be counted under this subsection if they were offered in that high school. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift fulltime equivalent program counts from the designated date to a requested alternate date."
SECTION 4.
Said chapter is further amended in Article 6, the "Quality Basic Education Act," by adding a new Code section, to be designated as Code Section 20-2-258, to read as follows:
"20-2-258.

The State Board of Education shall provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student's teacher, and the student's parents to improve and enhance the student's academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, in order to discuss the terms of the compact. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 5.
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 attending 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 under such penalty 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 responsible; 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 delegate 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

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20-2-769, regardless of whether such child has been suspended or expelled from another 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 6.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by adding a new Code section, to be designated as Code Section 20-2-766.1, to read as follows:
"20-2-766.1.
The local board of education may, by petition to the juvenile court, proceed against a parent or guardian for willful and unreasonable refusal to participate in efforts to improve the student's behavior. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-62 to enforce any order entered under this Code section."
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 and adopted:
Representatives Ashe of the 46th, Jamieson of the 22nd, Porter of the 143rd and Houston of the 166th move to amend the Floor substitute to SB 72 by adding after the word and symbol "parents;" on line 14 of page 1 the following:
"to change the standards for eligibility for middle school grants which relate to foreign language instruction;". By redesignating Sections 5 through 8 as Sections 6 through 9.
By adding between lines 12 and 13 of page 6 the following:
"SECTION 5.
Said chapter is further amended in Article 6, the "Quality Basic Education Act," by striking in its entirety Code Section 20-2-290, relating to the organization of schools, and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:
'20-2-290.
The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for

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2363

students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the sixtieth pcrccntilc on a nationally normcd teat of reading achievement administered within the previous or current school year aa one of the language arta which arc required to meet the eligibility requirements for such grants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time equivalent count for the middle grades program in qualified middle schools.'".

The Floor substitute, as amended, was adopted.

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

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

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 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
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 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 E 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

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Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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Smith, L.R Smith, P
Smith, T Smith, V
Smyre Snelling Snow 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 passage of the Bill, by substitute, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representatives Dean of the 48th and Smyre of the 136th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
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 offenses; to change certain provisions relating to punishments for certain violations 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.
The following Committee substitute was read and withdrawn:

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 offenses; to change certain provisions relating to punishments for certain violations 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; to change certain provisions relating to driving while a license is suspended or revoked; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to homicide by vehicle; to change certain provisions relating to serious injury by vehicle; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices; to provide legislative findings and declarations; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares as follows:
WHEREAS, Heidi Marie Flye (Woodyard), age 32, was a vibrant, beautiful, and loving wife, mother, daughter, and sister who lived a life dedicated to her family, her religion, and unselfish acts of kindness; and
WHEREAS, Cathryn Nicole Flye (Cadie), age 6, and Audrey Marie Flye, age 4, were the beloved children of Heidi Flye; and

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WHEREAS, on July 13, 1998, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye were killed in a motor vehicle collision which involved the drunk driver who had been convicted of driving under the influence in Georgia less than a year before he killed Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the entire county of Forsyth has felt the impact and sorrow of the premature and senseless deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye could have been prevented had the driver who killed them been required to have an ignition interlock device installed on his vehicle; and
WHEREAS, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye are, unfortunately, among the more prominent examples of the over 600 people in Georgia who are killed each year by individuals who drive while under the influence of alcohol or drugs; and
WHEREAS, drunk drivers account for over one-third of the total fatalities that occur each year in motor vehicle accidents; and
WHEREAS, the likelihood of being killed in a motor vehicle crash is much greater if the driver of the other vehicle is under the influence of alcohol or drugs; and
WHEREAS, drunk drivers represent an economic cost of over $1.1 billion to the state and people of Georgia; and
WHEREAS, an ignition interlock program has been shown to be effective in reducing both the number of drunk drivers on the highways and the number of fatalities caused by repeat offenders; and
WHEREAS, it is fitting to honor the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye in particular by strengthening the laws requiring the installation and use of ignition interlock devices.
SECTION 2. This Act shall be known and may be cited as "Heidi's Law."
SECTION 3.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (f) of Code Section 17-6-1, relating to bailable offenses, and inserting in lieu thereof the following:
"(f)(l) Except as provided in subsection (a) of this Code section or as otherwise provided in this subsection, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 1913-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or

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threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
(3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section, the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.
(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim's family or household.
(5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section."

SECTION 4.
Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for certain violations of Code Section 40-6-391, and inserting in lieu thereof the following:
"17-10-3.1.

(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391."

TUESDAY, MARCH 23, 1999

2367

SECTION 5.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following:
"(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Section 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2 or as otherwise provided by Code Section 40-5-63.1."
SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, and inserting in lieu thereof the following:
"(a) Except when feis a license has been revoked aa a habitual violator under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than sis 12 months, and there may be imposed in addition thereto a fine of not less than~$500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00."
SECTION 7.
Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following:
"(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:
(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

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(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and
(C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this subparagraph; ad
(C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; w and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; or
(3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; aed
(C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; and

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(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated.
For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction."
SECTION 8.
Said title is further amended by striking paragraph (1) of subsection (j) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following:
"(j)(l) The clerk of the court in which a person is convicted a third second or subsequent time under subsection (c) of this Code section within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made."
SECTION 9.
Said title is further amended by striking Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu thereof the following:
"40-6-393.

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than twe three years nor more than 15 years.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished for a misdemeanor of a high and aggravated nature as provided in Code Section 17-10-3 17-10-4.
(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three five years nor more than W 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary."

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SECTION 10.
Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof the following:
"40-6-394.
Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 406-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five 15 years."
SECTION 11.
Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by striking Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in lieu thereof a new Code Section 42-8-111 to read as follows:
"42-8-111.
(a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 within five ycara, aa measured from the dates of previous arrests for which convictions were obtained to the date of the current arrcat for which a conviction is obtained, for which a person is granted probation, the court Hy shall order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock device. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device.
(b) Except aa otherwise provided in this article, the court may order the inatallation of a certified ignition interlock device on any vehicle which any person subject to aubace tion (a) of thia Code section owns or opcratca. Upon a third or subsequent conviction the court ohall require inatallation of a certified ignition interlock device.
If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(B(c) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.
(eXd) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for

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which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25."
SECTION 12. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Randall of the 127th, was read and adopted:

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 offenses; to change certain provisions relating to punishments for certain violations 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; to change certain provisions relating to driving while a license is suspended or revoked; to change certain provisions relating to driving under the influence of alcohol, drugs, or other intoxicating substances; to change certain provisions relating to homicide by vehicle; to change certain provisions relating to serious injury by vehicle; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, so as to change certain provisions relating to court ordered installation of ignition interlock devices; to provide legislative findings and declarations; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares as follows:
WHEREAS, Heidi Marie Flye (Woodyard), age 32, was a vibrant, beautiful, and loving wife, mother, daughter, and sister who lived a life dedicated to her family, her religion, and unselfish acts of kindness; and
WHEREAS, Cathryn Nicole Flye (Cady), age 6, and Audrey Marie Flye, age 4, were the beloved children of Heidi Flye; and
WHEREAS, on July 13, 1998, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye were killed in a motor vehicle collision which involved the drunk driver who had been convicted of driving under the influence in Georgia less than a year before he killed Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the entire county of Forsyth has felt the impact and sorrow of the premature and senseless deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye; and
WHEREAS, the deaths of Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye could have been prevented had the driver who killed them been required to have an ignition interlock device installed on his vehicle; and

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WHEREAS, Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye are, unfortunately, among the more prominent examples of the over 600 people in Georgia who are killed each year by individuals who drive while under the influence of alcohol or drugs; and
WHEREAS, drunk drivers account for over one-third of the total fatalities that occur each year in motor vehicle accidents; and
WHEREAS, the likelihood of being killed in a motor vehicle crash is much greater if the driver of the other vehicle is under the influence of alcohol or drugs; and
WHEREAS, drunk drivers represent an economic cost of over $1.1 billion to the state and people of Georgia; and
WHEREAS, an ignition interlock program has been shown to be effective in reducing both the number of drunk drivers on the highways and the number of fatalities caused by repeat offenders; and
WHEREAS, it is fitting to honor the memory of all victims of drunken driving and Heidi Marie Flye, Cathryn Nicole Flye, and Audrey Marie Flye in particular by strengthening the laws requiring the installation and use of ignition interlock devices.
SECTION 2.
This Act shall be known and may be cited as "Heidi's Law."
SECTION 3.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (f) of Code Section 17-6-1, relating to bailable offenses, and inserting in lieu thereof the following:
"(f)(l) Except as provided in subsection (a) of this Code section or as otherwise provided in this subsection, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, a person charged with committing any offense shall be released from custody upon posting bail as fixed in the schedule.
(2) For offenses involving an act of family violence, as defined in Code Section 1913-1, the schedule of bails provided for in paragraph (1) of this subsection shall require increased bail and shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements.
(3) For offenses involving an act of family violence, the judge shall determine whether the schedule of bails and one or more of its specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section,

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the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.
(4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim's family or household.
(5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section."
SECTION 4.
Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for certain violations of Code Section 40-6-391, and inserting in lieu thereof the following:
"17-10-3.1.

(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391."
SECTION 5.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (a) of Code Section 40-5-64, relating to limited driving permits for certain offenders, and inserting in lieu thereof the following:
"(a) To whom issued. Notwithstanding any contrary provisions of Code Section 40-5-57 or 40-5-63 or any other Code sections of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person's driver's license has been suspended in accordance with paragraph (2) of subsection (a.l) of Code Sec-

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tion 40-5-22, subsection (d) of Code Section 40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph (1) of subsection (a) of Code Section 40-5-67.2 or as otherwise provided by Code Section 40-5-63.1."
SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, and inserting in lieu thereof the following:
"(a) Except when his a license has been revoked aa a habitual violator under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state at a time when his privilege to do so is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be punished by imprisonment for not less than two days nor more than six 12 months, and there may be imposed in addition thereto a fine of not less than~~$500.00 nor more than $1,000.00. For the second or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00."
SECTION 7.
Said title is further amended by striking subsection (c) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following:
"(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows:

(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph; and
(C) Not less than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 20 hours; and

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2375

(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated;
(2) For the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A period of imprisonment of not less than 90 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this subparagraph; and
(C) Not less than 80 hours of community service, except that for a second conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; er and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated; or
(3) For the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:
(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;
(B) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. At the sole discretion and under such terms and conditions as the judge shall impose, the judge may suspend, stay, or probate all but ten days of any term of imprisonment imposed under this subparagraph; and
(C) Not less than 20 days of community service, except that for a third or subsequent conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not less than 40 hours; and
(D) If the defendant is sentenced to a period of imprisonment for less than 12 months, a period of probation of 12 months less any days during which the defendant is actually incarcerated.
For the purpose of imposing a sentence under this subsection, a plea of nolo contendere or an adjudication of delinquency based on a violation of this Code section shall constitute a conviction."
SECTION 8.
Said title is further amended by striking paragraph (1) of subsection (j) of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and inserting in lieu thereof the following:
"(j)(l) The clerk of the court in which a person is convicted a third second or subsequent time under subsection (c) of this Code section within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of

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nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made."

SECTION 9.
Said title is further amended by striking Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu thereof the following:
"40-6-393.

(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than twe
three years nor more than 15 years.

(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.

(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three five years nor more than 16 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person
shall have served at least one year in the penitentiary."

SECTION 10.
Said title is further amended by striking Code Section 40-6-394, relating to serious injury by vehicle, and inserting in lieu thereof the following:
"40-6-394.

Whoever, without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 406-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five 15 years."

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2377

SECTION 11.
Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as a condition of probation, is amended by adding at the end of Code Section 42-8-110, relating to the purchase or lease of ignition interlock devices by counties, municipalities, or private entities, a new subsection (e) to read as follows:
"(e) If a county, municipality, or other political subdivision of this state contracts with a private entity to operate a provider center or leases ignition interlock devices from a private entity, such contract shall include provisions that will allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such ignition interlock device to participate in the ignition interlock program."
SECTION 12.
Said article is further amended by striking Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in lieu thereof a new Code Section 42-8-111 to read as follows:
"42-8-111.

(a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 within five ycora, aa mcaourcd from the dotca of proviouo arrests for which convictions were obtained to the date of the current arrest for which a conviction ia obtained, for which a person is granted probation, the court may shall order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock device. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device.
(b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to subsection (a) of this Code section owns or operates. Upon a third or aubscqucnt conviction the court shall require installation of a certified ignition interlock device.
(c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device.
(d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.
(e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25."

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SECTION 13.
This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 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 substitute, was agreed to, by substitute.

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

Y Alien Y Anderson Y Ashe Y Bailey Y 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 E 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 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 Y Maddox Y Mann Y Manning Y 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 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 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 leper 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 173, nays 0.
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 passed, by substitute, by the requisite constitutional majority the following bill of the House:

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2379

HB 531. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th 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.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
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.
HB 677. By Representatives Holland of the 157th, Byrd of the 170th, Holmes of the 53rd 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 Administration generally, so as to change the grievance system for classified employees.
The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:
HR 169. By Representative Rogers of the 20th:
A resolution authorizing the conveyance of certain state owned real property located in Hall County.
The Senate has adopted, as amended, by the requisite constitutional majority the following resolution of the House:
HR 437. By Representatives Morris of the 155th, Murphy of the 18th, Coleman of the 142nd and others:
A resolution designating Highway 130 as the Fisher Barfoot Highway.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
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 Annotated, 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 adoption of millage rate resolutions and ordinances.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th 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.

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The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and others:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th 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 the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops.
HB 548. By Representatives Greene of the 158th, Ponder of the 160th, Banner of the 159th and others:
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.
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.
HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th and others:
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 establish an advisory committee on newborn infants and provide for its selection, compensation, powers, qualifications, and duties.
HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th 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.
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 Annotated, relating to the use of safety belts in passenger vehicles so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.

TUESDAY, MARCH 23, 1999

2381

HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th 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 strategies, 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 Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 159. By Representatives Williams of the 83rd, Bannister of the 77th, Jones of the 71st and Tolbert of the 25th:
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.
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".
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
HB 106. By Representatives Parham of the 122nd, Stephens of the 150th, Martin of the 145th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listings of controlled substances and dangerous drugs.
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others:
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 Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.
The following Senate substitute was read:

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 cer-

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tain hospital indigent patient care services; 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 striking "or" at the end of subparagraph (a)(l)(I); by redesignating subparagraph (a)(l)(J) as subparagraph (a)(l)(K); and by adding a new subparagraph immediately following subparagraph (a)(l)(I), to be designated subparagraph (a)(l)(J), to read as follows:
"(J) The provision of hospital indigent patient care services; provided, however, that funds expended under this subparagraph shall be limited to reimbursement to a hospital located in the county in which the tax under this article is imposed for unpaid, underpaid, and bad debt expenses arising from the provision of health care services to indigent patients; or".
SECTION 2.
Said Code section is further amended by adding a new subsection 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, indigent care, garbage trucks, and other major equipment."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Representative Buck of the 135th moved that the House disagree to the Senate substitute to HB 618.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 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.
Representative McClinton of 68th moved that the House insist on its position in substituting SB 83.
The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

TUESDAY, MARCH 23, 1999

2383

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.

The following Senate amendments were read:

Senate Amendment No. 1
Amend HB 100 by striking "95,640.00" from line 37 of page 4 and inserting "102,708.00" in its place.

Senate Amendment No. 2 Amend HB 100 by striking Section 6 and renumbering following Sections accordingly.

Representative Coleman of the 142nd moved that the House disagree to Senate amendment No. 2 to HB 100.

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 N Borders N Bridges Y Brooks N Brown Y Buck Y Buckner N Bulloch E 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

N Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon Y Dodson Y Dukes N Ehrhart Y Epps
Evans N Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree Y Manner Y Harbin
Harrell Y Heard
Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard N Hudgens B 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 Y Manning Y Martin, J Y Martin, J.L N Massey Y McBee Y McCall Y McClinton Y McKinney N Millar E Mills Y Mobley Y Morris Y Mosley N Mueller Y OWeal Y Orrock Y Parham Y Parrish Y Parsons

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

On the motion, the ayes were 124, nays 47.
The motion prevailed.
Representative Whitaker of the 7th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
The following Senate substitute was read:

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state; to provide for the design of such license plates; to provide that the net proceeds from the sale of such license plates shall be deposited into the state treasury; to provide a statement of intent that an amount equal to such funds be appropriated to the Department of Natural Resources for the operation of programs designed to enhance the bobwhite quail population in this state; to provide for the replacement of existing license plates with such special license plates; to provide for a report of receipts and expenditures; to provide for matters relative to the foregoing; to provide for special license plates and decals celebrating the year 2000 and promoting programs to benefit children and adolescents with severe emotional problems; to provide for licensing and other agreements; to provide for design and rights; to provide for conditions for issuance, revalidation, and transfer; to provide for fees; to provide for issuance of special "Choose Adoption" license plates, fees therefor, and budget estimates relating to such fees; to provide for legislative intent; to change certain provisions relating to special license plates for firefighters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles, is amended by inserting at the end thereof the following:
"40-2-49.1.

(a) In order to promote and financially provide for the restoration and enhancement of the bobwhite quail population by the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2001, special license plates promoting such effort, which shall be known as the 'Bobwhite Quail Restoration Initiative.'
(b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation, restoration, and enhancement of the bobwhite quail population and the habitats upon which they depend. The bobwhite quail restoration initiative plate must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total characters do not exceed the sum of six. No two recipients shall receive identically numbered plates. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) Notwithstanding the provisions of subsection (b) this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of the bobwhite quail restoration initiative license plate, as well as the design of subsequent edi-

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tions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.
(d) Beginning on January 1, 2001, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a bobwhite quail restoration initiative license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for bobwhite quail restoration initiative license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of bobwhite quail restoration initiative license plates, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of bobwhite quail restoration initiative license plates to the Office of Planning and Budget and the Department of Natural Resources. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Natural Resources to be used to restore and enhance bobwhite quail populations and their habitats. The Department of Natural Resources shall utilize the funds so appropriated to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, and technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the bobwhite quail restoration initiative. The Department of Natural Resources shall monitor the response of the bobwhite quail population to those habitat conservation activities to determine their effectiveness.
(f) An applicant may request a bobwhite quail restoration initiative license plate any time during the applicant's registration period. If a bobwhite quail restoration initiative license plate is to replace a current valid license plate, the department shall issue the bobwhite quail restoration initiative license plate with appropriate decals attached. When an applicant requests a bobwhite quail restoration initiative license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees.
(g) Bobwhite quail restoration initiative license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42.

(h) Bobwhite quail restoration initiative license plates shall be issued within 30 days of application.

(i) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game and Fish and Parks detailing the receipt and expenditure of all appropriated funds and all

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funds received from the sale of bobwhite quail restoration initiative license plates as provided by this Code section to promote quail restoration. Such report shall be made not later than the second Monday of January of each year.
40-2-49.2.
(a) There shall be issued beginning January 1, 2000, special license plates to celebrate the year 2000 and to promote the programs administered under Article 10 of Chapter 5 of Title 49 for children and adolescents with severe emotional problems. The license plate shall be known as the Tear 2000 Children's Plate.'
(b) The Department of Revenue shall design special distinctive license plates appropriate to celebrate the year 2000 and to promote care for children and adolescents with severe emotional problems. The Year 2000 Children's Plate shall be of the same size and general design of general issue motor vehicle license plates; and such plates shall include a unique identifying number, whereby the total number of characters does not exceed six, provided that no two recipients receive identical plates. Such design shall prominently display '2000'. Subject to the space limitations of such design, the commissioner by regulation shall require that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the commissioner has received, through a contract and licensing agreement with an established national or international nonprofit civic club with previously established programs benefiting children and adolescents with severe emotional problems, a contract commitment to support and promote the program, including an obligation to include in the program any other nonprofit civic organization approved by the Board of Human Resources. Such a contract shall provide for the design and promotion of the plate and may be executed by the commissioner in anticipation of the authorization contained in this Code section. The design of the initial edition of the Year 2000 Children's Plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the contract.
(d) On or after the effective date of this Code section, any Georgia resident who is the owner of a motor vehicle of less than 14,000 pounds gross vehicle weight, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a special fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued the license plate authorized herein. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for the Year 2000 Children's Plates in the same manner as provided for general license plates.
(e) Compensation of tag agents and distribution of fees shall be as provided by Code Sections 40-2-33 and 40-2-131; provided, however, that it is the intent of the General Assembly that funds derived from the special fee paid pursuant to this Code section be available, subject to appropriation from the general fund in the manner provided by law, to provide additional funding for programs administered by the Department of Human Resources under Article 10 of Chapter 5 of Title 49 for children and adolescents with severe emotional problems.

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(f) Upon application and payment of the required fees, the applicant may request a Year 2000 Children's Plate at any time. If the Year 2000 Children's Plate is to replace a current valid plate, the department shall issue the Year 2000 Children's Plate with appropriate decals attached.
(g) The Year 2000 Children's Plate shall be transferred between vehicles in accordance with the provisions of Code Section 40-2-80.
40-2-49.3.
(a) On and after January 1, 2000, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words 'Choose Adoption.' It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section.
(b) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34.
(d)(l) Compensation of tag agents and distribution of fees shall be as provided by Code Sections 40-2-33 and 40-2-131; provided, however, that it is the intent of the General Assembly that funds derived from the additional fees paid pursuant to this Code section be available, subject to appropriation from the general fund in the manner provided by law, to provide additional funding for adoption services of the Department of Human Resources pursuant to paragraph (7) of subsection (a) of Code Section 49-5-8.
(2) The Department of Human Resources' annual estimate submitted to the Office of Planning and Budget pursuant to Code Section 45-12-78 shall include a request for funding of adoption services pursuant to paragraph (7) of subsection (a) of Code Section 49-5-8 which includes such amounts as may be available for such purposes pursuant to paragraph (1) of this subsection."
SECTION 2.
Said chapter is further amended by striking subsections (b) and (e) of Code Section 40-278, relating to special license plates for firefighters, and inserting in lieu thereof the following:
"(b)(l) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the spe-

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cial and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chiefs letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(3) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25, were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25, and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this Code section the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired.
'(c) The provisions of thia Code section shall also apply to certified fircfightcra of vol untccr fire departments which have been certified purauant to Article 2 of Chapter 3 of Title 25.".
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:

Representatives Everett of the 163rd and Dixon of the 168th move to amend the Senate substitute to HB 855, such bill being designated "HB855/SCSFA/3," by inserting on line 3 of page 1, following the words "so as", the following:
"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; to provide for exceptions; to provide for display of license plates issued in 1942 or earlier on motor vehicles manufactured in such years; to require the state revenue commissioner to have certain information relating to antique motor vehicles included in the Department of Revenue's computer information system applicable to the registration of motor vehicles;".
By inserting following line 27 of page 1 the following:
"SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a current license plate, revalidation decal, or county decal, and inserting in lieu thereof the following:
'40-2-8.

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(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense.
(b)(l) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.
(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, however further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration; unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration; or unless such vehicle is to be registered under the International Registration Plan.
(B)(i) The county tag agent may upon request issue to such purchaser a notice from the tag agent indicating that such vehicle haa been recently acquired and stating the deadline for registering such vehicle in this state during the applica blc initial registration period, which notice the purchaser may place on the rear of the vehicle in the apace provided for a license plate for temporary display during such initial registration period and prior to registration; provided, how' ever, that if any such notice ia issued it ahall not resemble a license plate issued by this state and shall be iaaucd without charge or fee therefor. Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date may be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word and not by any abbreviation or numeral. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered

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to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. No such temporary plate shall be renewed or valid beyond the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register the vehicle. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.
(ii) All temporary plates issued by dealers to purchasers of vehicles on or after July 1, 2000, shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph.
(3) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate.'
SECTION 2.
Said chapter is further amended by striking Code Section 40-2-41, relating to display of license plates, and inserting in lieu thereof the following:
'40-2-41.

Unless otherwise permitted under this chapter, every Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.'
SECTION 3.
Said chapter is further amended by adding a new Code Section 40-2-41.1 to read as follows:
'40-2-41.1.

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(a) As used in this Code section, the term "authentic historical Georgia license plate" means a license plate originally issued in the year 1942 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1942 or earlier pursuant to former motor vehicle registration laws of this state.

(b) The owner of any antique motor vehicle manufactured in 1942 or earlier and equipped with an engine manufactured in 1942 or earlier or manufactured to the specifications of the original engine shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside of the vehicle.

(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle.

(d) No later than January 1, 2001, the commissioner shall have installed within the Department of Revenue's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be display on such antique motor vehicle.'"
By striking lines 29 through 31 of page 1 and inserting in lieu thereof the following:

"Said chapter is further amended by inserting at the end thereof. By redesignating Sections 1, 2, and 3 as Sections 4, 5, and 6, respectively.

On the adoption of the Everett amendment to the Senate 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 Golick Graves

Y Greene Y Grindley
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 E 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 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 E 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

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Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

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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 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 adoption of the amendment, the ayes were 166, nays 0.
The amendment was adopted.
Representative Lane of the 146th moved that the House reconsider its action in adopting the Everett amendment.
The motion prevailed.
By unanimous consent, the Everett amendment was withdrawn.
Representative Lane of the 146th moved that the House disagree to the Senate substitute to HB 855.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 57

The Committee of Conference on SB 57 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 57 be adopted.
Respectfully submitted,

FOR THE SENATE: lal Jack Hill
Senator, 4th District /s/ Van Streat
Senator, 19th District 1st Steve Thompson
Senator, 33rd District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Jimmy W. Benefield Representative, 96th District /s/ Jimmy Skipper Representative, 137th District /s/ Charlie Smith, Jr. Representative, 175th District

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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 inconsistency between provisions of state and federal law; to provide for allocation of certain expenditures from the State Public Transportation Fund and of federal funds; to provide for certain reports; to change certain provisions relating to operation of and financial assistance to mass transit systems; 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; 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 districts; to provide for land transportation and air quality projects within such special districts; to provide for financing of projects related to the purposes of the authority; to provide that certain projects shall not be commenced nor funds be expended by the state, political subdivisions, or departments, agencies, or authorities thereof under certain circumstances; 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 authority shall not effect certain budgeted allocations of funds; to provide for legislative intent; to change certain provisions relating to definitions relative to the Georgia Environmental Facilities Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking 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:
"32-5-1.
(a) The director of the Office of Treasury and Fiscal Services is designated the proper authority to receive any of the federal-aid funds apportioned by the federal government under 23 U.S.C. and to receive any other federal funds apportioned to the State of Georgia for public road and other public transportation purposes, unless designated otherwise by the federal government.
(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 Transportation or other federal agencies, the Georgia Department of Transportation is authorized 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

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department to comply with any requirement of the federal government in order to procure 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 adding to Chapter 5 a new Article 3 to read as follows:

32-5-30.

"ARTICLE 3

(a) Each state-wide transportation improvement program shall include an allocation of state and federal funds which provides that the total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any state or federal funds specifically designated for maintenance and operations, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted or programmed over the effective three-year period of such program such that 100 percent of such total shall be divided equally for such period among the congressional districts in this state for public road and other public transportation purposes in such districts.
(b)(l) The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds.
(2) In case of a reduction in allocation of funds for any congressional district pursuant to paragraph (1) of this subsection, the amount of funds made available by such reduction shall be divided equally among all other congressional districts in this state for allocation to such districts in addition to the allocation made to such other districts pursuant to subsection (a) of this Code section.
(c) Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds of the membership of the board.
32-5-31.

In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the equitable allocation of funds among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year."
SECTION 3.
Said title is further amended by striking subsections (a) and (c) of Code Section 32-9-2, relating to operation of and financial assistance to mass transit systems, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term:
(1) 'Capital project' has the same meaning as in 49 U.S.C.A. Section 5302(a)(l).
'Construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, actual building, or reconstruction of facilities and equipment for use in mass transportation, including designing, engineering, locating, surveying, mapping, and acquisition of rights of way.

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(2)(3) 'Mass transportation' means all modes of transportation serving the general public which are appropriate, in the judgment of the department, to transport people, commodities, or freight by highways, rail, air, water, or other conveyance, exclusive of wires and pipelines."
"(c)(l) The department may, when funds are available from the United States government for such purposes, provide assistance to the operators of mass transportation systems or to the owners of facilities used in connection therewith for the payment of operating expenses to improve or to continue such mass transportation service by operation, lease, contract, or otherwise.
(2) The department may, when funds are available from the United States government for such purposes, participate in the acquisition, construction, and improvement of facilities and equipment, including capital projects, for use, by operation or lease or otherwise, in mass transportation service.
(3) The department's participation with state funds in those programs specified in paragraphs (1) and (2) of this subsection may be in either cash, products, or in-kind services. The department's participation with state funds shall be limited to a maximum of 10 percent of the cost of the program. The remainder shall be provided from sources other than department funds or from revenues from the operation of public mass transportation systems."
SECTION 4.
Said title is further amended by striking Code Section 32-9-11, relating to transit services 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 local 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 conveyance and convenience of passengers who utilize transit services.
(4) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance.
(b) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article DC, Section II, Paragraph VI of the Constitution, such contract may only become effective if it is approved by a majority of the qualified voters voting in such local government in a special election which shall be called and conducted for that purpose by the election superinten-

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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 IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, 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, pursuant to Article DC, Section III, Paragraph I of the Constitution."
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 45-12203, relating to composition, appointment of members, and meetings of the Governor's Development Council, and inserting in lieu thereof the following:
"45-12-203.

(a) Membership on the council shall be as follows; the Governor or the Governor's dca igncc, the commissioner of community affaira, the commissioner of industry, trade, and touriam, the eommiaaionor of natural resources, the commissioner of tranaporta tion, the director of the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, and nine private 3cctor mcmbcra ap pointed by the Governor. Private sector members shall be selected in auch a way that they rcprcaont the geographical and economic diversity of this atatc to the maximum extent feasible. All private sector mcmbcra shall serve at the pleasure of the Cover aw The members of the board of directors of the Georgia Regional Transportation Authority provided by Code Section 50-32-4, upon their initial appointment and thereafter, 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 purposes of subsection (a) of Code Section 50-32-4.
(b) The Governor aholl 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 aa provided in aubscetion (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 attachment of the Governor's Development Council for administrative purposes and technical support, and inserting in lieu thereof the following:

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"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 Affairs 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.'
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 codified 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, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project, facility, or undertaking of the authority 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, improvements, 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 preparation of any application therefor; and the cost of all fixtures, machinery, equipment, 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 obligations 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, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical

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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 enhancement 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;
(J) All costs of title insurance and examinations of title with respect to any project, 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 reserve, 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 agreement 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 corporation 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) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area.

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(10) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area.
(11) 'Municipal corporation' or 'municipality means any city or town in this state.
(12) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, 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.
(13) '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.
(14) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, 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 public purpose of providing facilities and services to meet land public transportation needs and environmental standards and to aid in the accomplishment of the purposes of the authority.
(15) 'Revenue bond' includes any bond, note, or other obligation payable from revenues derived from any project, facility, or undertaking of the authority.
(16) 'State implementation plan' means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act.
(17) '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 planning processes and metropolitan plans, transportation improvement programs, and processes.
(18) 'State-wide transportation plan' means the official state-wide, intermodal transportation plan as defined in 23 C.F.R. Section 450.104 that is developed through the state-wide transportation planning process.
(19) '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.
(20) 'Undertaking' shall have the same meaning as 'project.' 50-32-3.

(a) There is created the Georgia Regional Transportation Authority as a body corporate 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.

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(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 bylaws 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, management, 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 procedures 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 authority 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 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, the provisions of subsection (b) of Code Section 45-12-52 to the contrary notwithstanding; except as otherwise provided in this Code section. Said members shall be appointed so as to reasonably reflect the characteristics of the general 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 office 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 office 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 Governor for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless

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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. A violation of Code Section 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 Chapter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members of the authority shall be public officers who are members of a state board for purposes of the financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of the authority shall be accountable in all respects as trustees. The authority 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 regular 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 meeting, 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 acknowledged 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 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 satisfaction 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 administrative 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 Regulations 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.

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(B) The jurisdiction of the authority for purposes of this chapter shall also encompass the territory of every county designated by the USEPA in the Code of Federal 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 encompassed 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 reasonably 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 report 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 related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining 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 organizations' 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 pursuant 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 jurisdiction 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 monoxide, or particulate matter. Upon any such county or self-contiguous group of counties coming within the jurisdiction of the authority, a single member who shall reside within such additional territory shall be added to the board, together with an additional member, who may reside within or without such additional territory, for each 200,000 persons above the number of 200,000 persons forming the population of such additional territory 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 jurisdiction 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 convenient 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

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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 final 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 constructed utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements 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.
(e) Except for the purpose of reviewing proposed regional transportation plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport.

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 any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located, except that venue and jurisdiction for bond validation proceedings shall be as provided by paragraph (9) of subsection (e) of Code Section 5032-31;
(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 necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction or which are included within an approved transportation plan or transportation improvement program and provide land public transportation services within the geographic jurisdiction of the authority, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, 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 geographic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental

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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 necessary 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 maintenance 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 authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority 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 furtherance of the public purpose of the authority, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 40 U.S.C. Section 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 administrative 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 employees, 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 furtherance of the purposes of the authority within the geographic area over which the authority 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 obligations of the authority or any other funds of the authority or from any contributions 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 guaranteed 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 secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans;
(11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:

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(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, management 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 approved 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 principal 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 municipality 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 principal 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 deposit in excess of the amount insured by the Federal Deposit Insurance Corporation 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;
(ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph;

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(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 renewal 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 recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration 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 respect 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 government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, 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 services 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 instrumentality 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;

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(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 authority 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 secured 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 reserve 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 inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(23) As security for repayment of any bonds, revenue bonds, notes, or other obligations 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 authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority 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 contained 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 authority 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, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the purposes of the authority;

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(27) To coordinate, cooperate, and contract with any metropolitan planning organization for a standard metropolitan statistical area which is primarily located within an adjoining state but which includes any territory within the jurisdiction of the authority to achieve or further the purposes of the authority as provided by this chapter;
(28) To coordinate and assist in planning for land transportation and air quality purposes within the geographic area over which the authority has jurisdiction pursuant 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;
(29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with such metropolitan planning organizations concerning changes or amendments 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;
(30) To review and make recommendations to the Governor concerning all land transportation plans and transportation improvement programs prepared by the Department 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 department concerning changes or amendments to such plans which may be recommended 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;
(31) 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;
(32) 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 pollution control, and other purposes related to the alleviation of congestion and air pollution;
(33) 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 access thereto, including the power to close off, regulate, or create access to or from any part, excluding the interstate system, of any road on the state highway system, a county road system, or a municipal street system to or from any such road or toll road or any property or project of the authority, 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 Transpor-

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tation, and that department shall submit the same to the Federal Highway Administration for approval. The authority shall provide any affected local government with not less than 60 days notice of any proposed access limitation;

(34) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority;

(35) To do all things necessary or convenient to carry out the powers conferred by this chapter;

(36) 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;

(37) 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 expedient 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;

(38) 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 designated metropolitan planning organization, and is in compliance with the requirements of relevant portions of the regulations implementing the Clean Air Act including 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

(39) To appoint and select officers, agents, and employees, including engineering, architectural, 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 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;

(2) By resolution, to authorize the utilization by local governments within such special 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 control measures certified and provided pursuant to paragraph (1) of this subsection;

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(3) By resolution, to authorize the utilization by local governments within such special 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
(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 mechanisms 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 DC, Section II, Paragraph VI of the Constitution 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 territory 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 authority 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 metropolitan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power to approve state-wide 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 state-wide transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction or by the Department of Transportation:
(1) Transportation plans and transportation improvement programs subject to the authority's delegated review powers shall be approved by the affirmative 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 twothirds of the authorized membership of the board to a motion made for that purpose;

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(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

(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 authorized 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 passage 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 pursuant 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 expenditure 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 authorized 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 failure or refusal by the local government for purposes of Code Section 5032-53.
50-32-15.

(a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger 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 directors 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 applicable federal law and regulation.

(b) From time to time, by the affirmative vote of two-thirds of the authorized membership 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 project or the cost of any project of the authority wholly or partly within the geographic

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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.

(c) The Georgia Environmental Facilities Authority shall be subordinate to the authority 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 provisions of Chapter 23 of this title, the provisions of this chapter shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing 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 Authority, 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 otherwise 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 subsection (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 applicable 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 department, division, board, bureau, commission, authority, or other agency or instrumentality 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.

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Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:

(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. Reimbursement for costs of identification, location, transfer, or reproduction of such information 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 Transportation 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 facilities, 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 chapter, 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.

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(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 subsection in excess of the cumulative principal sum of $1 billion but excluding from such limit bonds issued for the purpose of refunding bonds which have 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 delegated 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 primarily 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 issued, subject to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the owners of outstanding bonds pledging any particular revenues or moneys.
(e)(l) The authority is authorized to obtain from any department, agency, or corporation 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 local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent 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 renewal 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 interest, 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; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when

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issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution 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 otherwise change from time to time, as specified. 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 contain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securities, 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 project 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 obligations 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 environmental 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 operating, 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-

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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.
(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 authority 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 collateral 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 parties 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 official 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, notwithstanding 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 receipts, 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, confirmed, 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.

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(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.
(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 authority, 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 redemption, 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 the 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 otherwise 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 authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting 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 guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, 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 Constitution 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 bonds and the investment earnings thereon shall be used to finance land public transportation facilities or systems, including any costs of such projects.
(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 corporation, 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 counties and 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, investment companies and other persons carrying on a banking business,

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and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all counties and municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.
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 benefit of the owners of bonds or in any way impair the rights and remedies of bond owners until the bonds, together with the interest thereon, with interest on any unpaid installments 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 Securities 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 indebtedness 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 guarantee 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 carrying 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 performing 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 operation 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 otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, 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.

TUESDAY, MARCH 23, 1999

2419

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 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 current 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 IX, Section VI, Paragraph 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 preceding 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 authority 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 authorization 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 authorizing 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 applicable 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 K, 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 services 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 special 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 utilizing 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.

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(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) Ans1 lease agreement may provide for the construction of such land public transportation 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 contracts by such local government and with the provisions of state law pertaining to prevailing 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 interest, 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 government 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 portion 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 required 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 deposit 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 become due and payable; or

TUESDAY, MARCH 23, 1999

2421

(5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies 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 revenue 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 government 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 facility, 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 obligations 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 portion 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 facility, 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 payment 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 payment as the same shall become due and payable;
(4) Create and maintain such other special funds as may be required by the authority; 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 actions as may be deemed necessary or desirable by the authority to secure the payment 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 default by such local government in such payment.

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(c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations 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 authority may fix and collect such fees and charges including, but not limited to, reimbursement 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.
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, education, and police protection of its residents, nor shall any funds appropriated to or otherwise obtained by the Department of Transportation pursuant to Article III, Section DC, Paragraph VI(b) of the Constitution of this state and paragraphs (2) and (?) of subsection (a) of Code Section 32-2-2 be utilized for designation, improvement, funding, 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, highway, 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 taking 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, excluding funds for education purposes, 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 allocated 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.

50-32-60.

ARTICLE 5

TUESDAY, MARCH 23, 1999

2423

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 or programmed allocation of state or federal funds among congressional districts pursuant to Code Section 32-530.

50-32-70.

ARTICLE 6

This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter."

SECTION 8.
Said title is further amended by striking paragraph (12) of Code Section 50-23-4, relating to definitions relative to the Georgia Environmental Facilities Authority, and inserting in its place a new paragraph (12) to read as follows:

"(12) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, 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 public purpose of providing environmental facilities and services to meet public health and environmental standards and to aid the development of trade, commerce, industry, agriculture, and employment opportunities, or projects authorized by the Georgia 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 providing 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.

Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on SB 57.

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 E Bunn Y Burkhalter
Y Byrd Y 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 Y Crawford Y Cummings Y Davis, M
Y Davis, T Y Day Y Dean Y DeLoach, B

2424
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 Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston

JOURNAL OF THE HOUSE

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

Y McKinney Y Millar E 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
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 Roberts
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 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 N 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 motion, the ayes were 158, nays 14.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
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 compensation; 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.
The following Senate amendment was read:
Amend the House substitute to SB 200 by striking lines 35 and 36 on page 2 and inserting in lieu thereof the following:
"(A) The lesser of 5 percent in any 12 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or
(B) The lesser of 9 percent in any 24 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or".
By inserting on line 39 on page 5 immediately before the words "officer" and "entity" the word "state".
By striking lines 7 and 8 on page 6 and inserting in lieu thereof the following:

TUESDAY, MARCH 23, 1999

2425

"(A) The lesser of 5 percent in any 12 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or
(B) The lesser of 9 percent in any 24 month period or the percent increase in the Consumer Price Index as established by the United States Department of Labor over such period; or".

Pursuant to Rule 134, Representatives Walker of the 141st and Scott of the 165th were excused from voting on the Shaw amendment to SB 200.

The following amendment was read:

Representatives Shaw of the 176th, Dodson of the 94th and Harbin of the 113th move to amend the Senate amendment to the House substitute to SB 200 (AM 19 0503-EC) as follows:
By striking lines 6 through 13 on page 1 and inserting in lieu thereof the following:
"(A) Any amount, but no decrease shall be subject to such provisions; provided, however,
(B) The provisions of this chapter shall not apply to accident and sickness insurance or to domestic insurers; or'".
By striking lines 18 through 25 on page 1 and inserting in lieu thereof the following:
"(A) Any amount, but no decrease shall be subject to such provisions; provided, however,
(B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly discriminatory, and any correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall require by rule or regulation that financial information of insurers, including a summary of products offered, basic rates applicable to such products, financial statements, officers' salaries, notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quarterly basis; or'".

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

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

N Byrd N Callaway N Campbell Y Cash N Channel! N Childers Y Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper
Cox N Crawford N Cummings Y Davis, M N Davis, T N Day N Dean Y DeLoach, B

Y DeLoach, G N Dix Y Dixon Y Dodson N Dukes N Ehrhart N Epps N Evans N Everett
Felton N Floyd N Franklin Y Golick N Graves N Greene N Grindley N Hammontree N Hanner Y Harbin N Harrell

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

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

2426
Y Morris N Mosley Y Mueller N O-Neal N Orrock N Parham N Parrish N Parsons N Pelote N Pinholster N Poag
Ponder N Porter
Powell N Purcell N Ragas

JOURNAL OF THE HOUSE

Y Randall N Ray
N Reaves
N Reece
N Reed N Reese N Reichert N Rice
Y Richardson N Roberts Y Rogers N Royal
Sanders N Sauder N Scarlett N Scheid

Scott N Shanahan Y Shaw N Shipp Y Sholar N Sims Y Sinkfield
N Skipper Y 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 N Stancil N Stanley, P Y Stanley-Turner
Stephens N Stokes N Stuckey Y Taylor
Teague N Teper N Tillman Y Tolbert

N Trense N Turnquest Y Twiggs N Unterman
Walker, L N Walker, R.L N 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 40, nays 118.
The amendment was lost.
Representative Morris of the 155th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The following amendment was read and adopted:
Representatives Smith of the 175th and Turnquest of the 73rd move to amend the Senate amendment to the House substitute to SB 200 (AM 19 0503-EC) as follows:
By striking lines 6 through 13 on page 1 and inserting in lieu thereof the following:
"(A) Any amount, but no decrease shall be subject to such provisions; provided, however,
(B) The provisions of this chapter shall not apply to accident and sickness insurance; or'".
By striking lines 18 through 25 on page 1 and inserting in lieu thereof the following:
"(A) Any amount, but no decrease shall be subject to such provisions; provided, however,
(B) Rate information, including information submitted, requested for submission, or required to be submitted to the Commissioner or department for purposes of determining whether insurance rates are excessive, inadequate, or unfairly discriminatory, and any correspondence or paper filed with or issued by the department or by the Commissioner in connection with such rate information shall be served by copy upon the advocate, and the Office of Consumer Affairs shall require by rule or regulation that financial information of insurers, including a summary of products offered, basic rates applicable to such products, financial statements, officers' salaries, notifications of rate increases, and, as to health insurers, actuarial summaries and opinions relating to consumer choice options on managed care products shall be submitted to the department and the advocate on a quarterly basis; or'".
Pursuant to Rule 134, Representative Houston of the 166th was excused from voting on SB 200.
Representative Smith of the 175th moved that the House agree to the Senate amendment to the House substitute, as amended by the House, to SB 200.
On the motion, the roll call was ordered and the vote was as follows:

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

TUESDAY, MARCH 23, 1999

Y Davis, T Y Day Y Dean N DeLoach, B N DeLoach, G Y Dix Y Dixon N 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 N Heard
Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes
Houston N Howard Y Hudgens E Hudson, H Y Hudson, N

N Hugley Y Irvin
Y Jackson, B Y Jackson, L N James
Jamieson Y Jenkins Y Jennings Y Jones
N Joyce Y Kaye
Y Lane N Lewis
N Lord N Lucas N Maddox Y Mann Y Manning
Y Martin, J N Martin, J.L
Y Massey
Y McBee
Y McCall
Y McClinton
McKinney Y Millar E Mills Y Mobley Y Morris Y Mosley N Mueller Y CTNeal 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 N Rice N Richardson Y Roberts N Rogers
Y Royal Sanders
Y Sauder
Y Scarlett Y Scheid Y Scott Y Shanahan
N Shaw
Y Shipp
Y Sholar
Y Sims
Y Sinkfield
Y Skipper N Smith, B Y Smith, C Y Smith, C.W
Y Smith, L

2427
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 N Teague Y Teper N Tillman 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 Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 135, nays 31.
The motion prevailed.
Representative Bannister of the 77th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference 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 Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:

2428

JOURNAL OF THE HOUSE

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.

The following Bills of the House were taken up for the purpose of considering the Senate substitute or amendment thereto:
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 Senate substitute was read:

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; 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 Annotated, relating to compensation of certain state officials, so as to change provisions relating to cost-of-living increases for members of the General Assembly; to change provisions relating to expense reimbursement accounts of members of the General Assembly; to abolish a specific per diem differential account; to increase the general expense reimbursement account; to change other matters relating to such expense reimbursement accounts; to make a conforming change; to change provisions relating 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 conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to salary and allowances of members and officers of the General Assembly, is amended by striking paragraph (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 member shall also receive a daily expense allowance as provided for in Code Section 46 V-4. Each member shall also receive the mileage allowance for the use of a personal 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 mileage 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 either 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 aa provided for in Code Section 45 7 4

TUESDAY, MARCH 23, 1999

2429

allowance and 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. 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 committee 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 President of the Senate or the Speaker of the House, or both, as the case may be, depending 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 committee, board, bureau, commission, or other agency, such member shall receive actual 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 provided 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 Services 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 Legislative 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 federal 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 certain state officials, by striking subparagraphs (A) through (F) of paragraph (22) of subsection (a) and inserting in place thereof new subparagraphs (A) through (E) to read as follows:
"(A) Reserved. When employees of the executive, judicial, and legislative branches of government receive a coat of-living inercaao of a certain percentage, the membora of the General Aaacmbly shall receive a cost-of-living increase of one half the percentage applicable to auch state cmploycca.
(B) Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the 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 differential and for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 $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, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment under $600.00, and leasing of equipment which would coat over

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$600.00 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 postage which is used for a political newsletter. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph. Such expenses shall be reimbursed upon the submission of sworn 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 differential. No per diem differential shall be reimbursed under thia aubparagraph (C) until and unlcaa the member has exhausted all rcimburocmcnt for per diem differential which may be claimed under aubparagraph (D) of this paragraph.
(D) In addition to reimbursement for actual cxpcnacs incurred as provided in aubparagraph (C) of this paragraph, each member ohall upon hia or her claim be entitled to receive an allowance of per diem differential for up to 50 days per year for which the member received the daily expense allowance. In any year in which there ia held any special session of the General Assembly, the number of days for which per diem differential may be claimed under this aubparagraph (D) ahall be increased by the number of days in auch special ooaoion.
(EKD) 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 General Services Administration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the 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.
(FKE) 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 submitted 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 incurred 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 member of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this paragraph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such

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2431

reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reimbursement or payment which was made in error shall be realized."
SECTION 2.1.
Said Chapter 7 of Title 45 is further amended in Code Section 45-7-4 striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) As a cost-of-living adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, other than including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who arc in the classified oorvicc of the state merit system of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the increase for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase."
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 inserting 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 attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for service on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education;
(2) State Medical Education Board;

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(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 allowance 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 Assembly under Code Section 28-1-8 is more or less than $75.00. The provisions of this subsection 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 reimbursable 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 and Section 2.1 of this Act shall take effect on the date of convening of the year 2001 session of the General Assembly.

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

Representative Coleman of the 142nd moved that the House agree to the Senate substitute to HB 101.

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 Y Brown Y Buck

Y Buckner
Y Bulloch E Bunn
Burkhalter

Y Byrd N Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan Y Coleman, B Y Coleman, T Y Connell Y Cooper
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 N Franklin

TUESDAY, MARCH 23, 1999

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 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 N Kaye Y Lane

Y Lewis Y Lord Y Lucas Y Maddox
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 CCNeal 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 N Reese Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal
Sanders
Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan Y Shaw Y 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 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 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

On the motion, the ayes were 161, nays 6.
The motion prevailed.
Representative Davis of the 60th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Golick of the 30th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. 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.
The following Senate amendment was read:
Amend HB 256 by adding on page 7 on line 14 after the word "shall" the following:
"within 72 hours".
Representative Martin of the 47th moved that the House disagree to the Senate amendment to HB 256.
The motion prevailed.
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, March 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 Bailey Bannister Barnard Benefield Birdsong Bohannon Bridges Brooks Brown Buck Buckner Bulloch E Bunn Byrd Callaway Campbell Cash Channell Childers Clark Coleman, B Connell Cox Crawford

Cummings Davis, T DeLoach, B DeLoach, G Dixon Ehrhart Everett Felton Floyd Franklin Golick Graves Greene Hammontree Hanner Harbin Harrell Heard Henson Holland Houston Howard Hudson, H Hudson, N Hugley Irvin Jackson, B

Jackson, L James Jenkins Jennings Lane Lewis Lord Lucas Mann Manning Martin, J Martin, J.L McBee McClinton Mills Morris Mosley Mueller CTNeal Orrock Parham Parrish Parsons Pelote Poag Ponder Powell

Randall Ray Reaves Reece Reese Rice Richardson 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

Smyre Snelling Snow Squires Stallings Stancil Stephens Stokes Stuckey Taylor Teper Tillman Tolbert 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 Dukes of the 161st, Jamieson of the 22nd, Purcell of the 147th, Hudgens of the 24th, Roberts of the 162nd, Borders of the 177th, Burkhalter of the 41st, Cooper of the 31st, Trense of the 44th, Sinkfield of the 57th, Millar of the 59th, Massey of the 86th, Pinholster of the 15th, Evans of the 28th, Ragas of the 64th, Reed of the 52nd, Mobley of the 69th, Porter of the 143rd, Bordeaux of the 151st, Joyce of the 1st, Day of the 153rd, Kaye of the 37th, Williams of the 83rd, Stanley of the 49th, Hegstrom of the 66th, Grindley of the 35th, Smith of the 169th, Stanley-Turner of the 50th, Jones of the 71st, Dix of the 76th, McKinney of the 51st, Hembree of the 98th, Coleman of the 142nd and Teague of the 58th.
They wish to be recorded as present.
Prayer was offered by the Reverend Forrest Lester, Pastor, Siloam Missionary Baptist Church, Union Point, Georgia.
The members pledged allegiance to the flag.
Representative Ray of the 128th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

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2435

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 1063. By Representative Childers of the 13th:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law," so as to provide for the licensing of additional counselors.
Referred to the Committee on Health & Ecology.
HB 1064. By Representative Bordeaux of the 151st: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers.
Referred to the Committee on Public Safety.
HB 1065. By Representative West of the 101st: 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 define the term "serious felony"; to provide that for a conviction of a serious felony in which the defendant has been sentenced to life imprisonment, that defendant shall not be eligible for any form of pardon, parole, or early release administered by the State Board of Pardons and Paroles until such person has served a minimum of 14 years in prison.
3/24/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Bill 1065. 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 State Institutions & Property.

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HB 1066. By Representative Smith of the 109th:
A bill to amend Code Section 21-2-212 of the Official Code of Georgia Annotated, relating to the appointment of county and municipal registrars and terms of service, so as to change the provisions relating to the compensation of the chief registrar and other registrars.
Referred to the Committee on Governmental Affairs.
HB 1067. By Representatives Sanders of the 107th and Yates of the 106th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for public notice and hearing prior to the grant or conveyance of an easement on county or municipal property to a utility.
Referred to the Committee on State Planning & Community Affairs.
HB 1068. By Representative Sanders of the 107th:
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 1069. By Representatives Teague of the 58th, Dixon of the 168th, Parham of the 122nd, Holmes of the 53rd, Sinkfield of the 57th and others:
A bill to amend Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act," so as to provide that medicare recipients who are also, by income level, eligible for assistance under such article receive 100 percent reimbursement for prescription drugs.
Referred to the Committee on Human Relations & Aging.
HB 1070. By Representative Stuckey of the 67th:
A bill to amend Code Section 9-15-14 of the Official Code of Georgia Annotated, relating to the award of litigation costs and attorney's fees based on the assertion of frivolous actions and defenses, so as to provide that no motion may be filed under that Code section on or after July 1, 1999; to amend Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to torts of false arrest, false imprisonment, malicious prosecution, and abusive litigation, so as to revise Article 5, relating to abusive litigation.
Referred to the Committee on Judiciary.
HB 1071. By Representatives Byrd of the 170th, Ray of the 128th, Jones of the 71st, Teper of the 61st and Skipper of the 137th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for the regulation and licensure of alarm systems monitoring contractors under the Division of Low-voltage Contractors.
Referred to the Committee on Industry.

WEDNESDAY, MARCH 24, 1999

2437

HB 1072. By Representative Cummings of the 27th:
A bill to amend Code Section 47-23-105 of the Official Code of Georgia Annotated, relating to spouses' benefits under the Georgia Judicial Retirement System, so as to change the employee's contribution for such benefits.
Referred to the Committee on Retirement.
HB 1073. By Representatives Holland of the 157th, Cox of the 105th and Epps of the 131st:
A bill to amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change certain fees; to provide that certain fees shall be paid to the Georgia Sheriffs' Cooperative Authority; to define a certain term; to provide for the membership, terms, and compensation of the members of said authority.
Referred to the Committee on Public Safety.
HB 1074. By Representatives Martin of the 47th, Stuckey of the 67th and Teper of the 61st:
A bill to revise extensively the criminal laws and criminal procedure laws relating to sexual offenses; to amend Titles 9, 15, 16, 17, 31, 41, and 42 of the Official Code of Georgia Annotated, relating to civil practice, courts, crimes, criminal procedures, health, nuisances, and penal institutions, respectively, so as to create the offense of aggravated sexual assault and redefine the offenses of rape, aggravated sodomy, aggravated child molestation, solicitation of sodomy, and aggravated sexual battery.
Referred to the Committee on Judiciary.
HB 1075. By Representatives Martin of the 47th and Buckner of the 95th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by persons with disabilities, so as to change the provisions relating to definitions; to provide definitions; to provide a short title; to provide for bathroom accessibility design and construction features for certain speculative private residences.
Referred to the Committee on Health & Ecology.
HB 1076. By Representatives Mr.rtin of the 47th, Bordeaux of the 151st and Alien of the 117th:
A bill to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, "The Georgia Tort Claims Act," so as to revise it extensively in order to make it applicable to local governments; to revise the statement of legislative intent; to revise definitions; to provide new definitions; to provide for a limited waiver of sovereign immunity for counties, municipalities, school districts, other units of local government, hospital authorities, and other local authorities.
Referred to the Committee on Judiciary.
HB 1077. By Representatives Martin of the 47th and Murphy of the 18th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to declare as unlawful the practice of representing that a motor vehicle required to be registered is an original or new motor vehicle if it has

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been driven more than necessary for a road test or delivery to a purchaser or lessee.
Referred to the Committee on Motor Vehicles.
HB 1078. By Representatives Martin of the 47th and Murphy of the 18th: A bill to amend Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to witnesses, so as to provide that fees paid to any expert witness shall be reasonable; to provide for motions, notice, hearing, and determination by the court of a reasonable fee.
Referred to the Committee on Judiciary.
HB 1079. By Representative Shanahan of the 10th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to the governments, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental agency shall be in writing and entered into minutes.
Referred to the Committee on State Planning & Community Affairs.
HB 1080. By Representatives Teague of the 58th, Holmes of the 53rd, Alien of the 117th, Howard of the 118th, Brooks of the 54th and others: A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to labor practices for state employees, so as to prohibit waiver of certain overtime compensation as a condition of state employment; to prohibit required waiver of certain overtime compensation in advance of working overtime hours.
Referred to the Committee on State Planning & Community Affairs.
HB 1082. By Representative Greene of the 158th: A bill to provide for the Magistrate Court of Stewart County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 1083. By Representative Teper of the 61st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county in which the sale of alcoholic beverages is lawful in such county and in all municipalities within such county in which the sale of alcoholic beverages is lawful, the governing authority of the county or municipality, as appropriate, may authorize the retail sale of malt beverages and wine.
Referred to the Committee on Regulated Beverages.
HB 1084. By Representative Teper of the 61st: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to repeal certain provisions relating to unearned premium reserve funds for title insurance; to provide for the establishment by the Commissioner of Insurance of premium rates to be charged by title insurers for single risks of $1 million and above.
Referred to the Committee on Insurance.

WEDNESDAY, MARCH 24, 1999

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HB 1086. By Representatives Manning of the 32nd, Harrell of the 62nd, Orrock of the 56th, Martin of the 145th and Williams of the 114th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to provide that no person having control or charge of a child under the age of seven years may allow such child to remain in any designated smoking area for a period of more than ten minutes.
Referred to the Committee on Health & Ecology.

HB 1087. By Representatives Walker of the 87th, Campbell of the 42nd and Mills of the 21st:
A bill to amend Article 3 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage articles, contracts, and settlements, so as to provide for contracts between parties to a marriage as to covenant marriage.
Referred to the Committee on Judiciary.

HB 1088. By Representative 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 define a certain term; to provide a one-time membership election for certain persons.
Referred to the Committee on Retirement.

HB 1089. By Representative Jenkins of the 110th:
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.

HB 1090. By Representative Cummings of the 27th:
A bill to amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions of the Employees' Retirement System of Georgia which are applicable to certain county employees, so as to define certain terms; to provide for creditable service for certain members of such retirement system.
Referred to the Committee on Retirement.

HB 1091. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credits under the Employees' Retirement System of Georgia and related matters, so as to provide that members of such retirement system who were first employed prior to July 1, 1982, may obtain creditable service for certain military service.
Referred to the Committee on Retirement.

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HB 1092. By Representative Jenkins of the 110th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to Employees' Retirement System of Georgia, so as to provide that any member of such retirement system may obtain creditable service for prior service as an hourly paid employee of the Department of Natural Resources.
Referred to the Committee on Retirement.

HB 1093. By Representatives Byrd of the 170th and Mosley of the 171st:
A bill to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an optional retirement plan within such retirement system; to provide for an increased employee contribution; to provide for an increase retirement benefit.
Referred to the Committee on Retirement.

HB 1094. By Representative Watson of the 70th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to establish the Georgia Public Employees' Portable Retirement Option; 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 1095. By Representative Williams of the 83rd:
A bill to amend an Act creating the Board of Commissioners of Gwinnett County, so as to change the provisions relating to the board of commissioners and the organization thereof; to change the provisions relating to the call of special elections to fill vacancies; to change the provisions relating to the service, powers, and duties of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1096. By Representatives Stuckey of the 67th, Orrock of the 56th and Trense of the 44th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of minors, so as to enact the "Standby Guardianship Act".
Referred to the Committee on Judiciary.

HB 1097. By Representatives Hugley of the 133rd, Mobley of the 69th, Taylor of the 134th and Davis of the 132nd:
A bill to amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide additional definitions; to prohibit certain contact including but not limited to communication in person, by telephone, by broadcast, by computer, by computer network, or by any other electronic device.
Referred to the Committee on Special Judiciary.

WEDNESDAY, MARCH 24, 1999

2441

HR 645. By Representative West of the 101st:

A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law approved by two-thirds of the members thereof provide for sentences which are required to be served in their entirety and, when so provided by such Act, the State Board of Pardons and Paroles shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.

3/24/99
Mr. Clerk:
Pursuant to Rule 52 of the Georgia House of Representatives, the undersigned makes notice of a motion to engross House Resolution 645. This notice is made prior to or upon reading the resolution the first time.

/s/ Jack E. West Representative 101st District
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 1051 HB 1052 HB 1053 HB 1054 HB 1055 HB 1056 HB 1057 HB 1058

HB 1059 HB 1060 HB 1061 HB 1062 HB 1081 HB 1085 HR 641 HR 643

Pursuant to Rule 52, Representative Henson of the 65th moved that the following Bill of the House be engrossed:
HB 1058. By Representatives Henson of the 65th, Royal of the 164th, Teper of the 61st, Ashe of the 46th, Childers of the 13th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that Georgia taxable net income of an individual taxpayer shall not include income which is attributable directly to restitution or reparation for the theft, seizure, conversion, denial, or withholding of the income or assets of victims of Nazi persecution or their spouses or lineal descendants, which theft, seizure, conversion, denial, or withholding occurred between 1933 and 1945.

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 Senate and has instructed me to report the same back to the House with the following recommendations:
HR 297 Do Pass SR 184 Do Pass
Respectfully submitted, /a/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 275 Do Pass SB 279 Do Pass SB 280 Do Pass SB 281 Do Pass SB 282 Do Pass

SB 283 Do Pass SB 284 Do Pass SB 285 Do Pass SB 286 Do Pass SB 287 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, MARCH 24, 1999
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enumerated below:

HB 520 DOT enforcement officers; drug detection dogs; certain powers

SB 77 Auto Insurers - no designation of repair facility for estimate (Cheeks of the 23rd)
SB 138 Emergency 911 System - cert pmts from Emer Telephone Sys Fund (James of the 35th)
SB 139 Mental Hlth Serv Bds - no actions against emp making complaints
(Madden of the 47th) SB 154 Mot Vehicle Accident Reports - law enforce send orig to Pub Saf
(Meyer von Bremen of the 12th) SB 248 Commissioner of Banks & Banking & Corrections - salary determination
(Walker of the 22nd) SB 256 Vehicles & Loads - width provisions
(Streat of the 19th) SB 262 D.A. Emeritus - create honorary office
(Kemp of the 3rd)

WEDNESDAY, MARCH 24, 1999

2443

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 Senate were taken up for consideration and read the third time:
SB 275. By Senator Jackson of the 50th:
A bill to provide for homestead exemptions from Stephens County ad valorem taxes for county purposes and from Stephens County school district ad valorem taxes for educational purposes in the amount of $2,000.00 of the assessed value of certain homesteads that are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 279. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating a Magistrate's Court of Rockdale County, as amended, so as to change the provisions relating to the annual salary of the chief magistrate; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 280. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the office of tax commissioner of Rockdale County, as amended, so as to change the provisions relating to the salary of the tax commissioner; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 281. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act placing the sheriff of Rockdale County on an annual salary, as amended, so as to change the provisions relating to the compensation of the sheriff; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 282. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act fixing the compensation of the clerk of the Superior Court of Rockdale County, as amended, so as to change the provisions relating to the compensation of the clerk of the superior court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 283. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of a fee system of compensation, as amended, so as

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to change the provisions relating to the compensation of the coroner; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 284. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating a board of commissioners for Rockdale County, as amended, so as to change the provisions relating to the compensation of the chairperson and the other members of the board of commissioners; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 285. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the State Court of Rockdale County, as amended, so as to change the provisions relating to the salary of the judge of said court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 286. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, as amended, so as to change the provisions relating to the compensation of the judge of the probate court; to provide an effective date.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 287. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the judges of the Superior Court of the Rockdale Judicial Circuit so as to change the amount of such supplement; 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:

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 Y Brooks

Y Brown Y Buck Y Buckner Y Bulloch E 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 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
Epps Evans Y Everett Y Pelton Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley

Y Hammontree Y Hanner Y Harbin Y Harrell Y Heard
Heckstall Hegstrom Hembree Y Henson Y Holland 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

WEDNESDAY, MARCH 24, 1999

2445

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

Purcell Ragas Y Randall 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 Y Scheid Y Scott Y Shanahan Y 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
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
Walker, L N Walker, R.L Y Watson Y West Y Westmoreland
Whitaker Y Wiles
Williams, J Y Williams, R Y 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 Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
HB 84. By Representatives Ray of the 128th, Porter of the 143rd, Jamieson of the 22nd and others:
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".
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.
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.

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JOURNAL OP THE HOUSE

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.
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.
HB 510. By Representatives Jamieson of the 22nd, Greene of the 158th, Hudson of the 156th 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.
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.
HB 627. By Representatives Greene of the 158th, Stanley-Turner of the 50th, Ray of the 128th and others:
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.
HB 782. By Representatives Martin of the 47th, Walker of the 141st, Parrish of the 144th 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 requirements for establishment of the official organ of publication.
HB 788. By Representatives Rice of the 79th, Holland of the 157th, Randall of the 127th 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 insurance policy provisions; to change certain provisions relating to standard provisions for annuity contracts.
HB 812. By Representatives Sauder of the 29th, Murphy of the 18th, Walker of the 141st 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 application and fees for motor vehicle drivers' licenses, so as to provide that voluntary contributions for certain purposes may be made at time of application.

WEDNESDAY, MARCH 24, 1999

2447

HB 856. By Representatives Golick of the 30th, Wiles of the 34th, Wix of the 33rd and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the chief judge, judges, and associate judges of the state court.
HB 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.
HB 894. By Representatives Birdsong of the 123rd, Murphy of the 18th, Connell of the 115th 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 unless such war veteran has been a resident of this state for a period of at least five years immediately prior to application for admission.
HB 917. By Representatives Dean of the 48th, Orrock of the 56th and Sinkfield of the 57th:
A bill to amend an Act entitled the "Atlanta Community Improvement District Act," so as to change the provisions relating to filling vacancies on the governing body of a community improvement district.
HB 982. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A bill to create the Joint Liberty County and City of Hinesville VocationalTechnical School Authority.
HB 983. By Representatives DeLoach of the 172nd, Barnard of the 154th, Mosley of the 171st and Tillman of the 173rd:
A bill to amend an Act providing a board of elections for Liberty County, so as to increase the number of members of said board from four to five.
HB 1007. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, so as to change the amount of said supplement.
HB 1008. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act changing the composition and manner of selection of the Board of Education of Clayton County, so as to change the compensation of the chairperson and members of such board.
HB 1011. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act providing for the compensation and expenses of the coroner of Clayton County, so as to change the expense allowance of the coroner.

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HB 1016. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of Clayton Judicial Circuit, so as to change the county supplement to the state salary of said judges.
HB 1017. By Representatives Bailey of the 93rd, Benefield of the 96th, Barnes of the 97th and others:
A bill to amend an Act creating the Clayton County Water Authority, so as to change the compensation of the chairperson, secretary, and other members of the authority.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 167. By Representatives McKinney of the 51st, Brooks of the 54th, Ashe of the 46th and others:
A resolution to create the Metropolitan Atlanta Rapid Transit Overview Committee.
The Senate has agreed to the House amendments to the following bill of the Senate:
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.
The Senate has agreed to the House substitute to the following bills of the Senate:
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 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.
The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:
SB 160. By Senator Crotts of the 17th:
A bill to amend an Act establishing the manner of electing members of the board of education of the Henry County School District so as to change the manner of electing such members.
SB 162. By Senator Crotts of the 17th:
A bill to amend an Act relating to the compensation of the members of the Board of Education of Henry County, as amended, so as to change the compensation of such members.

WEDNESDAY, MARCH 24, 1999

2449

HB 274. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th 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.
HB 436. By Representative Greene of the 158th:
A bill to provide a new charter for the City of Cuthbert.
HB 508. By Representatives Stancil of the 16th, Shipp of the 38th, Lewis of the 14th and others:
A bill to create the Lake Allatoona Preservation Authority.
HB 547. By Representatives Manning of the 32nd, Wiles of the 34th, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
HB 739. By Representative Whitaker of the 7th:
A bill to provide a new charter for the City of East Ellijay.
HB 866. By Representatives Shipp of the 38th, Golick of the 30th, Sauder of the 29th and others:
A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County.
HB 938. By Representatives Jones of the 71st, Henson of the 65th, Teper of the 61st 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.
HB 960. By Representative Evans of the 28th:
A bill to amend an Act creating a new charter for the City of Gumming, so as to create the Municipal Court of the City of Gumming in lieu of the Police Court of the City of Gumming.
HB 961. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation and per diem expense allowance of the chairperson and members of the board of commissioners.
HB 962. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system.
HB 968. By Representatives Snelling of the 99th and Hembree of the 98th:
A bill to provide a new charter for the City of Douglasville.
HB 976. By Representatives Manning of the 32nd, Parsons of the 40th, Shipp of the 38th and others:
A bill to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.

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HB 980. By Representatives Epps of the 131st and Hugley of the 133rd:
A hill to amend an Act creating the Meriwether County Public Facilities Authority, so as to redefine a certain term; to expand a certain general power.
HB 985. By Representative Smith of the 169th:
A bill to provide that the judge of the Probate Court of Bacon County shall also serve as the chief magistrate of the Magistrate Court of Bacon County; to provide for compensation; to provide for transition.
HB 986. By Representative McCall of the 90th:
A bill to amend an Act granting a new charter to the Town of Tignall, so as to provide for staggered terms for the election of the mayor and councilmembers.
HB 990. By Representatives Walker of the 141st, Bohannon of the 139th, Floyd of the 138th and Ray of the 128th:
A bill to amend an Act relating to the Board of Education of Houston County, so as to change provisions relating to the compensation of the members of the board.
HB 991. By Representative Smith of the 169th:
A bill to amend an Act creating a Board of Commissioners of Pierce County, so as to change the compensation for the chairperson.
HB 992. By Representative Smith of the 169th:
A bill to amend an Act creating a new charter for the City of Alma, so as to provide for staggered terms for the members of the city council.
HB 1002. By Representatives Wiles of the 34th, Franklin of the 39th, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the provisions relating to the filling of a vacancy in the office of solicitor.
HB 1004. By Representatives Cash of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Water and Sewerage Authority, so as to change the provisions relating to compensation of members of the authority and powers of the authority.
HB 1005. By Representatives Buck of the 135th, Smyre of the 136th, Davis of the 132nd and others:
A bill to amend an Act providing for a new charter for the county-wide government of Columbus, so as to change certain provisions regarding the jurisdiction of the municipal court of Columbus.
HB 1019. By Representative Smith of the 91st:
A bill to provide for the compensation of the Oconee County board of education.
HB 1021. By Representatives Coan of the 82nd, Coleman of the 80th, Unterman of the 84th and others:
A bill to create the Springbrook Golf Course Commission.
HB 1022. By Representative Coleman of the 142nd:
A bill to amend an Act creating the office of commissioner of Dodge County, so as to change provisions relating to the parliamentary procedure for meetings of the board of commissioners; to change provisions relating to advertisement and bidding of purchases.

WEDNESDAY, MARCH 24, 1999

2451

HB 1034. By Representative Byrd of the 170th:
A bill to amend an Act creating a board of commissioners of Jeff Davis County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners.
HB 1035. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to change the corporate limits of the City of Hazlehurst by annexing certain territory into the city.
HB 1036. By Representative Ray of the 128th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation received by the chairperson and the other members of said board.
HB 1049. By Representatives Rogers of the 20th, Smith of the 19th and Tolbert of the 25th:
A bill to amend an Act creating the Gainesville Redevelopment Authority, so as to provide for additional powers of the Gainesville Redevelopment Authority.
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.
HB 957. By Representatives Evans of the 28th and Reese of the 85th:
A bill to amend an Act increasing the homestead exemption from certain ad valorem taxes levied by Forsyth County for county purposes, so as to increase the amount of such exemption over a three-year period; to amend an Act providing a homestead exemption from Forsyth County ad valorem taxes for county ad valorem taxes for county purposes for certain residents 65 years or over.
HB 966. By Representative Greene of the 158th:
A bill to provide a homestead exemption from City of Cusseta ad valorem taxes for city purposes, including taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the assessed value of the homestead for certain residents of that city who are 65 years of age or over.
HB 974. By Representative Jenkins of the 110th:
A bill to provide a homestead exemption from certain Monroe County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county and a homestead exemption from Monroe County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over.
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House:
HB 273. By Representatives Teper of the 61st, O'Neal of the 75th, Millar of the 59th 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.

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HB 970. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to provide a new charter for the City of Lithia Springs.
HB 1000. By Representative Smith of the 169th:
A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compensation of the members of the board of education.
HB 1001. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board.
HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st and Tolbert of the 25th: A bill to create the Hall County Commission for Children and Families.
The Senate has passed, by substitute, by the requisite constitutional majority the following bills of the House:
HB 973. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.
HB 989. By Representatives Whitaker of the 7th and Poag of the 6th:
A bill to amend an Act providing a new charter for the City of Blue Ridge, so as to change the corporate limits of the city.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 160. By Senator Crotts of the 17th:
A bill to amend an Act establishing the manner of electing members of the board of education of the Henry County School District so as to change the manner of electing such members.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 162. By Senator Crotts of the 17th: A bill to amend an Act relating to the compensation of the members of the Board of Education of Henry County, as amended, so as to change the compensation of such members.
Referred to the Committee on State Planning & Community Affairs - Losal.

Representative Sanders of the 107th arose to a point of personal privilege and addressed the House.
Representative Scheid of the 17th arose to a point of personal privilege and addressed the House.
Representative Rice of the 79th arose to a point of personal privilege and addressed the House.
Representative Smith of the 175th arose to a point of personal privilege and addressed the House.

WEDNESDAY, MARCH 24, 1999

2453

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

Representative Reichert of the 126th arose to a point of personal privilege and addressed the House.

Representative Buckner of the 95th arose to a point of personal privilege and addressed the House.

Representative Sims of the 167th 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 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.

Under the general order of business, established by the Committee on Rules, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 256. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
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 permits for excess weight and dimension; to provide an effective date.

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

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

Y Alien
Y Anderson
Y Ashe
Y Bailey Y Bannister
Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn
- Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y 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 Pelton Floyd Franklin Golick 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 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 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
Reaves Y Reece Y Reed
Y Reichert Y Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scarlett
Scheid Y Scott Y Shanahan
Shaw

2454
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B
Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

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
Y Stanley-Turner 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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spin-

On the passage of the Bill, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
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 Annotated, relating to the billing of telephone subscribers for an 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, and certain other costs associated with the operation of an emergency "911" system.
The following Committee substitute was read and adopted:

A BILL
To amend Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, so as to authorize 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, and the cost of supplies directly related to providing emergency "911" system services; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 46-5-134 of the Official Code of Georgia Annotated, relating to the billing of telephone subscribers for an emergency telephone number "911" system, is amended by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nonrecurring costs of establishing a '911' system;
(2) The rates associated with the service supplier's '911' service and other service supplier's recurring charges;
(3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency '911' system and the actual cost of training such of those employees who work as dispatchers;

WEDNESDAY, MARCH 24, 1999

2455

(4) Office supplies of the public safety answering points used directly in providing emergency '911' system services; aed

(5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency '911' system building until the local government has completed its street addressing planr;

(6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems;

(7) Supplies directly related to providing emergency '911' system services, including the cost of printing emergency '911' public education materials; and

(8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic."

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
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
Heckstall
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 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 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

Pelote Pinholster Poag Ponder Porter Powell Purcell Ragas Randall Ray Reaves Reece Reed
Reich ert Rice Richardson Roberts
Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw Shipp Sholar Sims 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 Y Stanley-Turner Y Stephens Stokes Stuckey Taylor Teague 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, by substitute, the ayes were 161, nays 0.

2456

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed, by substitute.
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 authorize the board of corrections to set the salary of the commissioner subject to approval of the Governor.
The following Committee substitute was read and adopted:
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 authorize the board of corrections to set the salary of the commissioner subject to approval of the Governor; to amend Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensation of the members of the State Board of Pardons and Paroles, so as to provide that such compensation shall be set by the Governor; to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to remove certain state officials from the list of annual salaries; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, so as to authorize the Governor to determine the salary of the state revenue commissioner; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Department of Administrative Services, so as to authorize the Governor to determine the salary of the commissioner of administrative services; to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to authorize the Legislative Services Committee to determine the salary of the state auditor; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the Department of Banking and Finance, is amended by striking subsection (b) of Code Section 7-1-31, relating to the position and term of the commissioner, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. The commissioner shall receive a salary to be determined by the Governor."
SECTION 2.
Code Section 42-2-6 of the Official Code of Georgia Annotated, relating to the commissioner of corrections, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

WEDNESDAY, MARCH 24, 1999

2457

"(b) The commissioner shall be appointed by and shall serve at the pleasure of the board. The salary, cxpcnaco, and allowtmcca of the commiaaioncr ohall be ao act by atatutc. The commissioner shall receive a salary to be determined by the board, with the approval of the Governor."
SECTION 3.
Code Section 42-9-5 of the Official Code of Georgia Annotated, relating to the compensation of the members of the State Board of Pardons and Paroles, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"42-9-5.

The members of the board shall devote their full time to the duties of their office. The salaries of the members of the board shall be set by the Governor and their The aala es7 travel expenses; and costs of lodging and meals of the members of the board shall be paid in the same manner and amount as provided in Code Scetiona 46 7-4 and Section 45-7-20 for those state officials covered by such Code section."
SECTION 4. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, is amended by striking paragraphs (6), (8), (10), (12), (16), and (17) of subsection (a) and inserting in their respective places new paragraphs to read as follows:
"(6) State auditor.......................................................................... 67,336.00 Reserved"
"(8) Commiaaioncr of coirectiona................................................. 66,677.00 Reserved"
"(10) Each member of the State Board of Pardons and Paroles 65,157.00 Reserved"
"(12) State revenue commiaaioncr...................................... 66,437.00 Reserved", and
"(16) Commiaaioncr of banking and finance................................ 65,678.00 Reserved
(17) Commiaaioncr of administrative services.......................... 65,676.00 Reserved".
SECTION 5. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, is amended by striking subsection (c) of Code Section 48-2-2, relating to the office of state revenue commissioner, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The commissioner shall receive an annual salary aa provided by law, payable monthly or acmimonthly to be determined by the Governor, which shall be his the commissioner's total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the commissioner shall be reimbursed for all actual and necessary expenses incurred by fei the commissioner in carrying out his or her official duties."
SECTION 6. Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions with respect to the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and appointment of the commissioner, in its entirety and inserting in lieu thereof a new Code Section 50-5-1 to read as follows:

2458

JOURNAL OF THE HOUSE

"50-5-1.

There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be determined by the Governor."

SECTION 7.
Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking Code Section 50-6-20, relating to salary, expenses, duties, and bond, in its entirety and inserting in lieu thereof a new Code Section 50-6-20 to read as follows:
"50-6-20.

The state auditor shall be paid a salary aa provided in Code Section 46 7 4 to be determined by the Legislative Services Committee created under Code Section 28-4-1 and shall also be paid hia actual traveling expenses while engaged in the performance of hia official duties aa provided in Code Section 45 7 20 reimbursed for all actual and necessary expenses incurred by the state auditor in carrying out his or her official duties. The state auditor shall devote his or her entire time to the performance of the duties of his the office of state auditor and shall give bond, to be filed with and approved by the Comptroller General, in the sum of $10,000.00, payable to the Governor and his the Governor's successors in office, conditioned that the state auditor shall truly and faithfully perform the duties of his the office of state auditor and shall account for all public funds coming into his the state auditor's hands or under his the state auditor's control, the premium on which bond shall be paid by the state."

SECTION 8. This Act shall become effective on July 1, 1999.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Alien 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
Buckner Y Bulloch E Bunn
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 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 Y Epps
Evans Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene Y Grindley Hammontree Y Hanner Y Harbin Y Harrell Y Heard Heckstall Hegstrom

Hembree Henson Holland Holmes Houston Howard Hudgens Hudson, H Hudson, N Hugley Irvin Y Jackson, B Y 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 CCNeal Orrock

Y Parham
Y Fairish Y Parsons Y Pelote Y Pinholster Y Poag Y Ponder
Porter Y Powell Y Purcell Y Ragas Y Eandall Y Ray Y Reaves Y Reece

WEDNESDAY, MARCH 24, 1999

2459

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

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
West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 150, nays 4.

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

The report of the Committee, which was favorable to the 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 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
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 N 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 Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor Teague Teper Y Tillman Y Tolbert Y Trense

2460
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

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

West Westmoreland Whitaker

Y Wiles Williams, J
Y Williams, R

Wix Yates Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
SB 262. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district attorney pro tempore; to provide for compensation.

The following amendments were read and adopted:

The Committee on Judiciary moves to amend SB 262 on page 1, line 23 by deleting "district" and inserting in lieu thereof "prosecuting".

Representatives Cummings of the 27th, Martin of the 47th and DeLoach of the 172nd move to amend SB 262 by striking lines 12 through 15 of page 3 and inserting in lieu thereof the following:

"or the expenses incurred. No person subject to the provisions of this Code section shall serve for more than 1,040 hours in any calendar year, and no such person shall be eligible for employee health benefits other than those available to him or her as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee. In the event of any conflict, the provisions of Title 47 shall prevail over any provision of this Code section."

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 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
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin Y Harrell Y Heard
Heckstall 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
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 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 Y Reichert E Rice Y Richardson Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scarlett Y Scheid

WEDNESDAY, MARCH 24, 1999

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
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

2461
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 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended. SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, mental retardation, and substance 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.
The following amendment was read and adopted:
Representative Manning of the 32nd moves to amend SB 139 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration of mental health, mental retardation, substance abuse, and other 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; to provide". By adding at the end of line 7 on page 1 the following:
"provide effective dates; to". By striking lines 11 through 14 on page 1 and inserting in lieu thereof the following:
"Article 1 of Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions applicable to the administration of mental health, mental retardation, substance abuse, and other disability services, is amended by adding at the end of Code Section 37-2-6, relating to community mental health, mental retardation, and substance abuse boards, a new subsection (j) to read as follows:" By renumbering Section 2 on page 1 as Section 4 and inserting between lines 29 and 30 on page 1 the following:
"SECTION 2. Said article is further amended by adding in Code Section 37-2-7, relating to the state plan for disability services, 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

2462

JOURNAL OF THE HOUSE

not available at the time of such request. The guidelines shall provide for the commencement 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 guidelines 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 services 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 condition 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 3.
Section 2 of this Act shall become effective only when funds are specifically appropriated for the purposes of Section 2 of this Act in an appropriations Act making specific reference to Section 2 of this Act. The remaining provisions of this Act shall become effective 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:

Y Alien
Y Anderson N 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 E 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
Y Dix Y Dixon Y Dodson Y Dukes
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 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 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 Y Ponder
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
Smith, T Y Smith, V
Smyre
Y Snelling Y Snow Y Squires Y Stallings
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, as amended, the ayes were 163, nays 1.

WEDNESDAY, MARCH 24, 1999

2463

The Bill, having received the requisite constitutional majority, was passed, as amended. SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and
others: A bill to amend Code Section 33-34-6 of the Official Code of Georgia Annotated, relating to the selection of motor vehicle repair facilities, so as to provide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.
The following amendment was read and adopted:
Representative Harbin of the 113th moves to amend SB 77 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that notice of cancellation of policies shall not be required in certain cases; to provide that motor". By redesignating Sections 1 through 3 as Sections 2 through 4, respectively. By inserting between lines 8 and 9 of page 1 the following:
"SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting in Code Section 33-24-44, relating to cancellation of policies generally, a new subsection (d.l) to read as follows:
'(d.l) The notice requirements of this Code section shall not apply in any case where a binder or contract of insurance is void ab initio for failure of consideration.'". By striking lines 10 through 12 of page 1 and inserting in lieu thereof the following:
"Said title is further amended by striking subsection (c) of Code Section 33-34-6, relating to the selection of motor vehicle repair facilities, which". B2"y. striking "The provisions" on line 18 of page 1 and inserting in lieu thereof "Section

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

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

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

E 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
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
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 Y Joyce Y Kaye Y Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning

2464
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

Y Pelote Y Pinholster Y Poag
Y Ponder
Y Porter
Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y Reece N Reed Y Reese Y Reichert Y Rice Y Richardson Y Roberts

Rogers 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.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 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 passage of the Bill, as amended, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto: 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 following Senate amendment was read:
Amend HB 211 by striking on page 2 line 8 the word "solely" and replacing it with the word "primarily".
Representative Walker of the 141st moved that the House disagree to the Senate amendment to HB 211.
The motion prevailed. 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 following Senate amendment was read:
Amend HB 82 by adding on line 4 of page 1 between the words "electricity" and "for" the following:
"and diesel fuel". By adding on line 16 of page 1 between the words "electricity" and "for" the following:
"and diesel fuel".

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Representative Birdsong of the 123rd moved that the House disagree to the Senate amendment to HB 82.
The motion prevailed.
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.
The following Senate 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 relating 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 provisions relating to the way to qualify as an absentee elector; to change certain provisions relating to requesting absentee ballots; to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots and for the purpose of voting absentee ballots; to provide for the disposition of rejected 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 provide that offering or receiving something of value for the purposes of voting or registering is a felony; 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.
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, relating 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.

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(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 without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory authority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
SECTION 2.
Said chapter is further amended by striking Code Section 21-2-14, relating to the computation 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 chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty."
SECTION 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 superintendent, 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 servo a.a county election superintendent during the term of auch political party office. On and after April 16, 1006, the position of any county election aupcrin tcndcnt ahall be deemed vacant upon aueh superintendent's assuming a political party office. No person who holds elective office, as defined in this chapter and including

WEDNESDAY, MARCH 24, 1999

2467

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, relating 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 preceding 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 probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the 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 qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office."
SECTION 5.
Said chapter is further amended by striking subsection (c) of Code Section 21-2-132, relating 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 superintendent, as the case may be, in the following manner:

2468

JOURNAL OF THE HOUSE

(1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(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 municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday 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 commence 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 of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
SECTION 6.
Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating 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 January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to 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:

WEDNESDAY, MARCH 24, 1999

2469

(1) In a state general or special election, to 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, te notice shall be filed with the superintendent 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 designation 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 his or her party in the case of a primary;
(2) Filing hia or her notice of candidacy in the caac 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 03 a write-in candidate,
designate the specific office he or she is seeking and , name the person such candidate 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 candidate qualifies with his or her party in the case of a primary, files a notice of candidacy 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 having 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.
(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, designating the same specific office.

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(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 restriction on the number of offices for which an individual may be nominated or a candidate 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 or , election, or special election, for more than one of the following public offices to be fillect 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 representative 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 commiaaioncr, tax collector, sheriff, judge of the oupcrior court, county trcaaurcr, 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 desiring 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 voting purposes in the county in which the institution to which such person is committed is located; aad
(13) If a person goes into another state and while there exercises the right of a citizen 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 exemption, if a homestead exemption has been claimed, shall be deemed the county or municipality of the person's residence."
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 convicted of a felony involving moral turpitude during the preceding calendar month in the county.

WEDNESDAY, MARCH 24, 1999

2471

(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed.

(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.

(d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall 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 subsection (a) of Code Section 21-2-381, relating 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, grandparent, 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 permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; 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 ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-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

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or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one . One timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (A) for such primary as well as for any runoffs resulting therefrom 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 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 regulation 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, such application for an absentee ballot to be used in any election ohall be sufficient to require the mailing of an absentee ballot for any runoffa 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 preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.
(2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application 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, entity, or organization shall require a voter to identify thereon which one of the legally acceptable categories of absentee electors listed in Code Section 21-2-380 authorizes the voter to vote by absentee ballot."
SECTION 11A.
Said chapter is further amended by striking subsection (a) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, and inserting in lieu thereof the following:
"(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, er a government service center providing general government services, or another government building generally accessible to the public."
SECTION 12.
Said chapter is further amended by striking Code Section 21-2-384, relating to preparation 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

WEDNESDAY, MARCH 24, 1999

2473

election, prepare, W 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 eligible, 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 returned shall be entered on the application record therefor. The delivery of an absentee 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 applicant, 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 registrars 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.
(a.l) Notwithstanding any provision of law to the contrary, nt least 31 days prior to the preaidcntial preference primary to be held in 1002, the aupcrintcndcnt shall pro pare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other aupplioa aa required by thia article to the board of rcgiatrara for uoc in the presidential preference primary.
(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee 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 permit 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 official absentee ballot, and the uniform instructions for the manner of preparing and returning 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 residence 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 ballot, 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

2474

JOURNAL OF THE HOUSE

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 candidates, 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

Elector's Place of Birth

Month and Day of Elector's Birth
Signature or Mark of Elector
Oath of Person Assisting Elector (if any):
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 entitled 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 inspection 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 closing of the polls on the day of the primary or election."
SECTION 13. Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after the primary or election, and inserting in lieu thereof a new Code section to read as follows:

WEDNESDAY, MARCH 24, 1999

2475

"21-2-390.

All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and unused rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2-500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number unused rejected."
SECTION 14.

Said chapter is further amended by striking subsection (d) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof the following:
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers may be recorded by using photographic or electronic monitoring or recording devices, and shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating center in which the poll watcher shall serve or a statement that such poll watcher is a state-wide poll watcher. The poll watcher shall wear such badge at all times while serving as a poll watcher."
SECTION 15.

Said chapter is further amended by striking Code Section 21-2-411, relating to the return 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 certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least te five years, and the same shall be available for public inspection."

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JOURNAL OF THE HOUSE

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 print-ng 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 machine 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. In no event shall a ballot container be opened at such other location or locations. The ballot container shall only be opened and the ballots counted at a tabulating mE-hine center. 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 machine. The ballot cards of each polling place shall be plainly identified and not commingled 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, relating 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 paragraph (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 ordinances 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, 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.
Said chapter is further amended by striking Code Section 21-2-570, relating to vote buying and selling, and inserting in lieu thereof a new Code section to read as follows:
"21-2-570.

Any person who buya or oclla, offcro to buy or sell, or knowingly participates in the buying or selling of votes at any primary or election ahall be guilty of a felony. Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony."

WEDNESDAY, MARCH 24, 1999

2477

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House disagree to the Senate substitute to HB 530.

Representative Mills of the 21st moved that the House agree to the Senate substitute to HB 530.

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 N Birdsong Y Bohannon N Bordeaux N Borders
Y Bridges
N Brooks Y Brown N Buck N Buckner N Bulloch E Bunn Y Burkhalter
N Byrd
Y Callaway
Y Campbell Y Cash
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 Y Everett
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
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 Y Manning N Martin, J Y Martin, J.L N Massey N McBee
McCall
N McCIinton
McKinney Y Millar Y Mills N Mobley N Morris
N Mosley Y Mueller N O'Neal
N Orrock
Parham
N Parrish
Y 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
Y Rice
Y Richardson N Roberts Y Rogers N Royal Y Sanders Y Sauder Y Scarlett Y Scheid N Scott N Shanahan N Shaw Y Shipp
N Sholar
N Sims
N Sinkfield
Skipper Y Smith, B N Smith, C
Y Smith, C.W
N Smith, L

Smith, L.R N Smith, P N Smith, T Y Smith, V
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 N Twiggs
N Unterman N Walker, L Y Walker, R.L N Watson N West Y Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, E
N Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 63, nays 103.
The motion was lost.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.

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JOURNAL OF THE HOUSE

Representative Hammontree of 4th moved that the House insist on its position in substituting SB 140.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
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.
The following Senate 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 operated by any registered or certified peace officers of the employing agency if that agency provides continuous law enforcement services or if the applicant allows only peace officers employed full time by the applicant to operate speed detection devices; 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 purposes other than the promotion of public health, welfare, and safety; to exclude certain fines for speeding violations when calculating total speeding fine revenue for a law enforcement agency; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
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 employs at leaat one full time provides law enforcement services by certified peace officer officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by full-time registered or certified 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."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 40-14-3, relating to applications for speed detection permits, and inserting in lieu thereof a new subsection (a) to read as follows:

WEDNESDAY, MARCH 24, 1999

2479

"(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 Department 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 Traffic Operations of the Department of Transportation. Law enforcement agencies are authorized to use speed detection devices on streets and roads for which an application is pending as long as all other requirements for the use of speed detection devices are met. Nothing herein shall be construed to affect the provisions of O.C.G.A. Section 40-14-9."

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 employing 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 devices for speeding offenses are equal to or greater than 40 percent of that law enforcement agency's budget; provided, however, that fines for speeding violations exceeding 17 miles per hour over the established speed limit shall not be considered when calculating total speeding fine revenue for the agency."

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 Jamieson of the 22nd moved that the House agree to the Senate substitute to HB 289.

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 Benefleld Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch E 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 Y Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart

Epps Evans Everett Felton
Floyd Franklin Golick Graves Greene Grindley Hammontree Manner 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 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 Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell

2480
Ragas Randall Ray Reaves Reece Reed Reese Reichert Rice Richardson Roberts Rogers 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
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
Westmoreland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 155, nays 0.

The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amending the same:
SB 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 secondary 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 violence, and acts of terrorism.

Representative Jamieson of the 22nd moved that the House recede from its position in insisting on amending SB 74.

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 N Bohannon Y Bordeaux Y Borders
N Bridges Y Brooks N Brown
Y Buck Buckner
N Bulloch E Bunn N 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 N Cox N Crawford Y Cummings N Davis, M
Y Davis, T N 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 Hecks tall

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

Y McBee Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Fairish Y Parsons 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 Y Reichert Y 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 N Smith, P
Y Smith, T N Smith, V
Smyre N Snelling
Y Snow Y Squires Y Stallings N Stancil
Y Stanley, P

WEDNESDAY, MARCH 24, 1999

Y Stanley-Turner Y Stephens N Stokes Y Stuckey
Y Taylor

Teague Teper Tillman Tolbert N Trense

Turnquest Twiggs Unterman Walker, L N Walker, R.L

Y Watson Y West N Westmoreland Y Whitaker N Wiles

2481
Williams, J Williams, E Wix Yates Murphy, Spkr

On the motion, the ayes were 105, nays 59. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
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.

The following Senate amendment was read:

Amend HB 261 by adding after the semicolon on line 16 of page 1 the following:

"to revise the terms of superior courts in certain counties;". By inserting between lines 20 and 21 on page 6 the following:

"(2.1) By striking paragraph (21) of Code Section 15-6-3, relating to terms of the superior courts, and inserting in its place the following:

'(21) Houston Circuit:

Houston County First Monday in January, March, May, April, July, icptcmbcr, and November October.'"

Representative Walker of the 141st moved that the House agree to the Senate amendment to HB 261.

On the motion, 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

Y DeLoach, G 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
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 Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings

Y Jones Joyce
Y Kaye 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

2482
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

JOURNAL OF THE HOUSE

Randall
Y Ray Reaves
Y Reece Y Reed
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
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
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 motion, the ayes were 151, nays 0.
The motion prevailed.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
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.
The following Senate amendment was read:
Amend the House substitute (LC 21 5512S) to SB 128 by adding after "definitions;" on line 4 of page 1 the following:
"to amend Code Section 31-7-89.1, subjecting the sale or lease of assets of a hospital owned or operated by a hospital authority to the requirements of Article 15 of Chapter 7 of Title 31, so as to provide an exemption and to change the provisions regarding the location of hospital authority projects;". By adding between lines 3 and 4 of page 4 the following:
"SECTION 3.1. Code Section 31-7-89.1 of the Official Code of Georgia Annotated, relating to the sale or lease of assets of a hospital owned or operated by a hospital authority, is amended by adding at the end new subsections to read as follows:
'(c) Notwithstanding the provisions of subsection (b) of this Code section, the sale or lease of assets of a hospital owned or operated by a hospital authority to another hospital authority whose area of operation is a county contiguous to the county in which is located the hospital whose sale or lease is proposed shall not be subject to the requirements of Article 15 of this chapter.
(d) Notwithstanding any other provision of this article to the contrary, a hospital authority which is located in a county having a population of 50,000 or fewer, according to the United States decennial census of 1990 or any future such census, may locate a project outside that hospital authority's area of operation if such location is in a county which is contiguous to the county of such hospital authority's area of operation.'"

WEDNESDAY, MARCH 24, 1999

2483

Representative Floyd of the 138th moved that the House agree to the Senate amendment to the House substitute to SB 128.

On the motion, 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 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 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 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 McCHnton
McKinney
Y Millar Y Mills Y Mobley Y Morris
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
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 Tblbert 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 Willia , J Y Willia: , R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 157, nays 0.
The motion prevailed.
Representatives Lane of the 146th 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.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 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 Senate amendment was read:
Amend HB 558 by inserting on line 14 of page 4, immediately following the designation "(4.6)", the designation "(A)".

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By striking the quotation marks at the end of line 36 of page 5 and by inserting immediately following such line the following:
"(B) Notwithstanding any other provision of this subparagraph, a municipality which, on and before July 1, 1999, was authorized by the provisions of this Code section to levy a tax at a rate of 5 percent shall, on and after such date, be authorized to levy and collect a tax under this Code section at a rate of 6 percent. A municipality levying a tax pursuant to this subparagraph shall expend, in each fiscal year during which the tax is collected under this subparagraph, an amount equal to the amount by which the total taxes collected under this subparagraph exceed the taxes which would have been collected at the rate of 5 percent for the purpose of dispensing information about the qualities of such municipality and promoting business in the municipality and to acquire for such use a building located in an area of high density retail businesses within the limits of such municipality. During any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this subparagraph, 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 subparagraph shall not be diminished or impaired by the state, and no county or municipality levying the tax imposed by this subparagraph 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 obligations.'"

The following amendment was read and adopted:

Representatives Smith of the 103rd, Westmoreland of the 104th, Bailey of the 93rd, Dodson of the 94th and Benefield of the 96th move to amend the Senate amendment (AM 21 0814) to HB 558 by striking lines 9 through 12 and inserting in their place the following:

"subparagraph, a municipality located within a standard metropolitan statistical area recognized by the United States Department of Commerce, Bureau of the Census, which is levying a tax at a rate of 5 percent pursuant to paragraph (3) of this subsection on or before January 1, 1999, and in which an interstate highway is located, shall, on and after the effective date of this Act, be authorized to levy and collect".

Representative Smith of the 103rd moved that the House agree to the Senate amendment, as amended by the House, to HB 558.

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 Y Brown Y Buck Y Buckner Y Bulloch

E 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 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 Y Ehrhart Y Epps
Evans Y Everett Y Felton
Floyd N Franklin Y Golick Y Graves

Y Greene Y Grindley
Hammontri Hanner Y Harbin E Harrell Y Heard Heckstal! Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Houston Howard Y 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

Y Martin, J Y Martin, J.L
N Massey Y McBee Y McCaU Y McClinton
McKinney Y Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons

WEDNESDAY, MARCH 24, 1999

2485

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 N 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 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
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 Westmorland Y Whitaker Y Wiles Y Williams, J
Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 148, nays 11.
The motion prevailed.
Representative Scott of the 165th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The Speaker announced the House in recess until 1:05 o'clock this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted: HR 715. By Representative McCall of the 90th:
A resolution honoring James Rufus Smalley. HR 716. By Representatives Franklin of the 39th and Kaye of the 37th:
A resolution commending the Alan C. Pope High School Swim/Dive Team. HR 717. By Representative Sholar of the 179th:
A resolution commending the Cairo High School girls basketball team. HR 718. By Representative Hembree of the 98th:
A resolution recognizing and commending Vivian Wilson Keling. HR 719. By Representative Smith of the 169th:
A resolution honoring Mrs. Betty Carter. HR 720. By Representatives Smith of the 12th, Lewis of the 14th, Stancil of the 16th
and Cummings of the 27th: A resolution designating the week of April 4-10, 1999, as International Building Safety Week. HR 721. By Representative Smith of the 169th: A resolution commending Eula Mae Herrin Lee and expressing regrets at her passing. HR 722. By Representative Stokes of the 92nd: A resolution expressing regret at the loss of Wordia Mae Smith. HR 723. By Representative Smith of the 169th: A resolution commending Mary Elizabeth Clark. HR 724. By Representatives Grindley of the 35th, Murphy of the 18th, Irvin of the 45th, Buck of the 135th, Snelling of the 99th and others: A resolution commending Mr. Jim Carroll. HR 726. By Representative Smith of the 169th: A resolution recognizing and commending the Reverend T.N. "Pete" Thrift. HR 727. By Representatives Byrd of the 170th, Birdsong of the 123rd, Connell of the 115th, Reaves of the 178th and Mosley of the 171st: A resolution in memory of Mr. Elbert Steely Herrington. HR 728. By Representatives Teague of the 58th, Mobley of the 69th, Reed of the 52nd, Dukes of the 161st and Brooks of the 54th: A resolution commemorating the independence of the Republic of Sierra Leone. HR 729. By Representative Holland of the 157th: A resolution commending Frances Buice Pate on the occasion of her 80th birthday. HR 730. By Representatives Williams of the 83rd, Coan of the 82nd and Dix of the 76th: A resolution commending John B. Sawyer.

WEDNESDAY, MARCH 24, 1999

2487

HR 731. By Representative Smith of the 169th: A resolution recognizing and commending Mrs. Geraldine Gibson.
HR 732. By Representative Smith of the 169th: A resolution honoring Tony Batten.
HR 733. By Representative Smith of the 169th:
A resolution honoring J.B. McQuaig.
HR 734. By Representatives Buckner of the 95th, Hudson of the 156th, Henson of the 65th, Westmoreland of the 104th, Walker of the 141st and others:
A resolution commending Weldon A. Nash, Jr.
HR 735. By Representative Holland of the 157th:
A resolution commending the life of J.V. "Vernon" Hortman and expressing regret at his passing.
HR 736. By Representatives Teague of the 58th, Maddox of the 72nd, Teper of the 61st, Ragas of the 64th and Brooks of the 54th:
A resolution commending Dr. Carol E. Dixon and KAINOS International Association.
HR 737. By Representative Bailey of the 93rd: A resolution in the memory of Mrs. Gladys Wilson Bowden.
HR 738. By Representative Bailey of the 93rd: A resolution expressing regret at the passing of George M. Walkup.
HR 739. By Representatives Bailey of the 93rd and Murphy of the 18th:
A resolution recognizing and commending Phenix Supply Company as it enters its 100th anniversary year.
HR 740. By Representatives Bailey of the 93rd, Birdsong of the 123rd and Murphy of the 18th:
A resolution recognizing the 100th anniversary of the Veterans of Foreign Wars.
HR 741. By Representative Wix of the 33rd:
A resolution commending Rev. John Edwin Wix.
HR 742. By Representative Stuckey of the 67th:
A resolution commending Alfred Uhry for his extraordinary career and honoring the dedication of the Alfred Uhry Theater at Druid Hills High School.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
HB 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 matters having to do with industrial development.
The Senate has disagreed to the House substitute to the following bill of the Senate:
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 Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the

2488

JOURNAL OF THE HOUSE

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 Annotated, 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.
The Senate insists on Senate amendment #2 to the following bill of the House:
HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
The Senate insists on its amendment to the following bill of the House:
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.
The Senate insists on its substitute to the following bill of the House:
HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
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 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Harbison of the 15th, Hecht of the 34th and Golden of the 8th.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: 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 Administration generally, so as to change the grievance system for classified employees.
The following Senate amendment was read:
Amend HB 677 by striking line 28 of page 1 through line 24 of page 5 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 24, 1999

2489

"(1) 'Covered employee" or 'employee' means all employees of all state departments and authorities except the following officers and employees:
(A) Members of the General Assembly;
(B) Persons elected or appointed by the General Assembly, employees of the General 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 and all employees of the Office of Planning and Budget in the position classification policy coordinator;
(D) Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided;
(E) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices;
(F) Members of boards and commissions appointed by the Governor or the General 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 University System of Georgia;
(J) The officers, officials, and employees of the Department of Law;
(K) A deputy or a confidential secretary when one is required by the head of a department, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded;
(L) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only;
(M) Members of the military forces of the state while engaged in military service;
(N) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest;
(O) State and local officials serving ex officio or emeritus and performing incidental duties;
(P) Members of other advisory councils, committees, or similar bodies within the state merit system;
(Q) Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services but who are not engaged in the performance of administrative duties;
(R) Prisoner, inmate, student, or patient help working in or about institutions;
(S) Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis;
(T) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;
(U) 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;

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(V) Time-limited positions established for the purpose of conducting a specific study, investigation, or project;
(W) Additional positions of unique functions as may be authorized by the commissioner;
(X) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety;
(Y) The employees in the positions in the job classification of 'Clerk, Contingency' in the Department of Labor who are paid on an hourly basis;
(Z) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education;
(AA) The officers, officials, and employees of state schools which are operated by the State Board of Education; and
(BB) Any other position upon the recommendation of the head of the department and the approval of the Governor."

Representative Holland of the 157th moved that the House agree to the Senate amendment to HB 677.

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

Y Hugley Y Irvin
Jackson, B Y Jackson, L
James Y Jamieson
Jenkins Y Jennings
Jones Y Joyce
Kaye Lane Y Lewis Y Lord Y Lucas Y Maddox Y Mann Y Manning
Martin, J
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
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 Y Stancil Stanley, P
Stanley-Turner
Y Stephens Stokes Stuckey
Y Taylor
Teague Y Teper
Tillman Y Tolbert
Trense Y Turnquest
Twiggs
Unterraan Walker, L Y Walker, R.L Y Watson Y West Westmoreland Y Whitaker Y Wiles Williams, J Y Williams, R Y Wix Yates
Murphy, Spkr

On the motion, the ayes were 108, nays 0. The motion prevailed.

WEDNESDAY, MARCH 24, 1999

2491

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 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 Senate substitute was read:

A BILL
To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that an inmate with a current or prior conviction for any sexual offense shall not be allowed visitation with certain persons under the age of 18 years; 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, relating to the offense of rape; Code Section 16-6-2, relating to the offenses of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of sexual assault against a person in custody; Code Section 16-6-22, relating to the offense of incest; or Code Section 16-6-22.2, relating to the offense of aggravated sexual battery, when the victim was under 18 years of age at the time of the commission of any such offense; or a violation of Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offenses of child molestation and aggravated child molestation; or Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission any such 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 spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE

Representative Parham of the 122nd moved that the House agree to the Senate substitute to HB 37.

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
Bohannon
Y Bordeaux
Borders
Y Bridges Y Brooks Y Brown
Y Buck
Buckner
Y Bulloch E 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 Cooper
Y Cox Y Crawford Y Cummings Y Davis, M

Y Davis, T Y Day
Dean
Y DeLoach, B 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 Y Manner Y Harbin E 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
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 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
Sholar
Sims
Sinkfleld Y Skipper Y Smith, B
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
Squires
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
Whitaker Y Wiles
Williams, J Y Williams, R Y Wix
Yates
Murphy, Spkr

On the motion, the ayes were 141, nays 0.

The motion prevailed.
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.

The following Senate amendment was read:

Amend HB 106 by striking "to prescribe a controlled substance and" on line 11 of page 4.

Representative Parham of the 122nd moved that the House agree to the Senate amendment to HB 106.

On the motion, 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
Borders

Y Bridges Y Brooks
Y Brown

Y Buck Y Buckner
Y Bulloch E 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
Cooper Y Cox Y Crawford Y Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G
Dix Y Dixon Y Dodson Y Dukes
Ehrhart Y Epps Y Evans

WEDNESDAY, MARCH 24, 1999

Y Everett Y Felton Y Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin E 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
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins 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
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
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
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
Smith, T

2493
Y Smith, V Smyre
Y Snelling Y Snow
Squires Stallings Y Stancil Stanley, P
Stanley- Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague Y Teper N Tillman Y Tolbert Y Trense
Turnquest
Y Twiggs Y Unterman
Walker, L Y Walker, H.L Y Watson Y West Y Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 142, nays 1.
The motion prevailed. 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.
The following Senate amendments were read:

Senate Amendment No. 1 Amend HB 406 by inserting after the word "city" on line 27 of page 1 the following:
"other than a city described in subparagraphs (a)(3)(A) and (a)(3)(B) of this subsection". By striking from line 19 on page 2 the following:
"paragraph (1) paragraphs (1) and (2)", and inserting in lieu thereof the following:
"paragraph (1)".
Senate Amendment No. 2 Amend HB 406 by inserting after the word "county" on line 25 of page 3 the following:

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JOURNAL OF THE HOUSE

"other than a county described in subparagraph (b) (3) of this subsection" By striking from line 8 on page 4 the following:

"paragraph (1)".

Representative Shanahan of the 10th moved that the House agree to the Senate amendments to HB 406.

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 Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channel! Y Childers Y Clark
Coan 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
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
E 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
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 N Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris
Mosley Y 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
Eagas
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.H Y Smith, P
Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires
Y Stallings Y Stancil
Stanley, P
Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
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 Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 152, nays 2.
The motion prevailed. 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.
The following Senate amendment was read:
Amend HB 407 by striking on line 4 page 1 "at least 10" and inserting in lieu "12 or 13" By striking on line 22 page 1 the word "ten" and inserting in lieu thereof the following "12 or 13".

WEDNESDAY, MARCH 24, 1999

2495

The following amendment was read and adopted:
Representative Ehrhart of the 36th moves to amend the Senate amendment to HB 407 by adding at the end thereof the following: "By striking on line 30 of page 1 the word 'ten' and inserting in lieu thereof the following: '12 or 13'. B'1y2 sotrri1k3i'n".g on line 6 of page 2 the word 'ten' and inserting in lieu thereof the following:

Representative Ehrhart of the 36th moved that the House agree to the Senate amendment, as amended by the House, to HB 407.

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
Brooks Y Brown Y Buck
Buckner
Y Bulloch E 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 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
Golick Y Graves Y Greene Y Grindley
Hammontree Y Hanner Y Harbin E 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

Y Hugley Y Irvin
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 CTNeal 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
Reichert Y Rice Y Richardson
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
Smith, T Y Smith, V
Smyre Y Snelling Y Snow
Squires Y Stalling* Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Taylor
Teague
Y Teper Tillman
Y Tblbert Y Trense
Y 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 motion, the ayes were 152, nays 0.
The motion prevailed. HB 1000. By Representative Smith of the 169th:
A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compensation of the members of the board of education.
The following Senate amendment was read:
Amend HB 1000 by striking all matter on lines 22 and 23 of page 1 and inserting in lieu thereof the following:

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JOURNAL OF THE HOUSE

"compensated by a monthly salary which shall be equal to one-half of the monthly salary being paid as of January 1, 1999, to each member of the board of commissioners of Pierce County. Each member shall also receive for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly.'"
The following amendment was read and adopted:
Representative Smith of the 169th moves to amend the Senate amendment (AM 14 0384) to HB 1000 by adding after the period on line 8 of page 1 the following:
"This monthly salary shall include any called or special meetings of the board and no extra compensation shall be paid for any called or special meetings." By adding after line 14 of page 1 the following: "By striking Section 2 and inserting in its place a new Section 2 to read as follows:
'SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.'"
Representative Smith of the 169th moved that the House agree to the Senate amendment, as amended by the House, to HB 1000.
On the motion, the ayes were 110, nays 0.
The motion prevailed. HB 1001. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board.
The following Senate amendment was read:
Amend HB 1001 by striking the figure "$150.00" on line 18 of page 1 and inserting in its place the figure "$200.00". By striking the figure "$25.00" on line 20 of page 1 and inserting in its place the figure "$40.00". By adding immediately before the period on line 23 of page 1 the following:
"Each member shall also receive for each day spent out of the county on official business of the school board a daily expense allowance and mileage allowance equal in amount to the daily expense allowance and mileage allowance received by members of the General Assembly for service as members of interim committees of the General Assembly."
The following amendment was read and adopted:
Representative Smith of the 169th moves to amend the Senate amendment (AM 14 0383) to HB 1001 by adding after line 15 of page 1 the following: "By striking Section 2 and inserting in its place a new Section 2 to read as follows:

WEDNESDAY, MARCH 24, 1999

2497

'SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.'"

Representative Smith of the 169th moved that the House agree to the Senate amendment, as amended by the House, to HB 1001.

On the motion, the ayes were 110, nays 0.

The motion prevailed.
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.

The following Senate amendment was read:

Amend HB 249 by inserting after the semicolon on line 3 of page 1 the following:

"to change penalty provisions;". By inserting following the word and symbol "death," on line 21 of page 1 the following:

"by imprisonment for life without parole,".

Representative Campbell of the 42nd moved that the House agree to the Senate amendment to HB 249.

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 Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway Y Campbell Y Cash Y Channell Y Childers Y Clark Y Coan Y Coleman, B
Coleman, T Conn ell 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
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
E Harrell Y Heard
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Houston Y Howard Y Hudgens Y Hudson, H
Hudson, N Y Hugley Y Irvin
Jackson, B Y Jackson, L Y James Y Jamieson
Jenkins Y Jennings Y Jones
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
Pelote Y Pinholster Y Poag
Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray
Reaves
Y Reece Y Reed Y Reese
Reichert
Y Rice Y Richardson
Roberts
Y Rogers 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
Smith, T Y Smith, V
Smyre
Y 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
Tillman
Y Tolbert Y Trense

2498
Y Turnquest Y Twiggs Y Unterman

JOURNAL OF THE HOUSE

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 motion, the ayes were 147, nays 2.
The motion prevailed. 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.
The following Senate substitute was read:
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 and certain personal information; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, is amended by striking in its entirety paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned and Department of Transportation engineers' cost estimates and rejected or deferred bid proposals until such time as the final award is made, except for the total amount of the bid, either received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county Pp'ursuant to Article 3 of Chapter 4 of Title 32, or by a municipality pursuant to Articlke 4 of Chapter 4 of Title 32;"
SECTION 2. Said Code section is further amended by adding between paragraphs (11) and (12) of subsection (a) a new paragraph to read as follows and this amendment shall supersede Section 4 of HB 279:
"(11.1) An individual's social security number and insurance or medical information in personnel records, which may be redacted from such records;".
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Campbell of the 42nd moved that the House agree to the Senate substitute to HB 250.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 24, 1999

2499

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 E 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 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 E Barrell Y Heard Heckstall Y Hegstrom Y Hembree Y 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 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
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
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
Smith, T Y Smith, V
Smyre
Y 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 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 motion, the ayes were 159, nays 0.
The motion prevailed. HB 1003. By Representatives Smith of the 19th, Rogers of the 20th, Mills of the 21st
and Tolbert of the 25th: A bill to create the Hall County Commission for Children and Families.
The following Senate amendment was read:
Amend HB 1003 by striking from lines 3 and 4 on page 9 the following:
"one time each calendar month", and inserting in lieu thereof the following:
"four times each calendar year".
Representative Smith of the 19th moved that the House agree to the Senate amendment to HB 1003.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

2500

JOURNAL OF THE HOUSE

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 matters having to do with industrial development.
The following Senate substitute was read:

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 authority 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 revenues 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 purpose 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 performance 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 industrial sites and facilities, including, without limitation, the construction or renovation of buildings and facilities for lease or sale to industrial or other companies providing employment within Bibb County. The power granted by this paragraph (19.1) shall not extend to any activities used or useful in connection with the collection, treatment, reuse, or disposal of municipal solid waste as defined in paragraph (18) of Code Section 12-8-22. The authority may utilize its revenues from its

WEDNESDAY, MARCH 24, 1999

2501

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 purposes 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 revolving fund so as to maintain the availability of funds for additional or new contracts of the same type or nature. Funds recovered from any such project and deposited 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 issued 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 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 authority 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; and".
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 Reichert of the 126th moved that the House agree to the Senate substitute to HB 680.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
HB 9'::3. By Representatives Whitaker of the 7th and Poag of the 6th:
A bill to amend an Act providing a new charter for the City of Blue Ridge, so as to change the corporate limits of the city.
The following Senate substitute was read:

2502

JOURNAL OF THE HOUSE

A BILL
To amend an Act providing a new charter for the City of Blue Ridge, approved March 21, 1989 (Ga. L. 1989, p. 3823), so as to change the corporate limits of the city; to annex additional territory; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing a new charter for the City of Blue Ridge, approved March 21, 1989 (Ga. L. 1989, p. 3823), is amended by adding a new Section 1.11B to read as follows:
"SECTION 1.11B. Additional corporate boundaries.
In addition to the corporate boundaries of the City of Blue Ridge provided elsewhere in this Act or as provided pursuant to the authority of the laws of this state, the corporate limits of said city shall also include the following:
TRACT 'D-l'
ALL that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lots No. 241 and 264, and being more particularly described as follows:
BEGINNING at the intersection of the easterly right-of-way line of County Road No. 103 and the northerly right-of-way line of County Road No. 90; thence with the easterly right-of-way line of County Road No. 103 as follows: N1609"E a distance of 140.0 feet; NOO53"W a distance of 127.9 feet; N1551"W a distance of 174.2 feet; Northerly 80 feet; N3640"W a distance of 292.9 feet to a point; thence leaving said road and running N5515"E a distance of 25.6 feet to an iron pin; thence N5515"E a distance of 248.0 feet to an iron pin; thence N1713"W a distance of 297.6 feet to an iron pin; thence S6311"W a distance of 85.9 feet to an iron pin; thence NOO35"E a distance of 426.9 feet to an iron pin on the centerline of an old road; thence with the centerline of said old road the following courses and distances: S8209"E a distance of 187.6 feet; S7405"E a distance of 168.0 feet; S7449"E a distance of 182.2 feet; S6309"E a distance of 170.9 feet; S7450"E a distance of 120.6 feet; N6431"E a distance of 109.8 feet; S7713"E a distance of 146.9 feet; S7453"E a distance of 183.1 feet; S7305"E a distance of 147.9 feet; thence continuing with the centerline of said old road Easterly across the property of L & N Railroad to a point on the centerline of said old road located on the easterly right-of-way line of L & N Railroad Murphy Spur; thence continuing with the centerline of said old road S6817"E to the present northerly right-of-way line of County Road No. 90; Thence Southwesterly and then Westerly with the present northerly right-of-way line of said County Road No. 90 to the POINT OF BEGINNING.
There is EXCEPTED from the above-described tract of land that certain parcel of land designated as 'Property Claimed By Grady E. Farmer' as shown on plat of survey entitled 'Survey For Fannin County Industrial Development Authority,' dated May 26, 1989, and revised August 30, 1989, and prepared by Mike L. Hampton, G.R.L.S. No. 2452.
All bearings and distances, and most other measurements given in the above description were taken from a plat of survey entitled 'City of Blue Ridge Industrial Park,' dated July 28, 1982, and revised April 26, 1985, and recorded in Plat Book 15, page 45, of the Fannin County Records.

WEDNESDAY, MARCH 24, 1999

2503

TRACT 'D-2'
ALL that tract or parcel of land lying and being in the 8th District and 2nd Section of Fannin County, Georgia, and being a part of Land Lots No. 240 and 241, and being more particularly described as follows:
BEGINNING at the intersection of the original southern boundary line of Land Lot No. 241, and the northerly right-of-way line of County Road No. 90; thence East with the original line to an iron stake at an old road near original corner; thence Northeast with the old road to the first branch; thence up the branch 30 yards, more or less, to a marked white oak tree; thence a Northwest direction with the William Long conditional line up an old wire fence to a marked white oak tree on bank of road near house where Luke Elrod now lives; thence Southwest with public road on top of ridge to first hollow on west side of ridge; thence down the hollow in a West direction to the northeast corner of Tract 'D-l' described above; thence Southwesterly with the present northerly right-of-way line of County Road No. 90 to the POINT OF BEGINNING.
The above-described Tract 'D-2' is a portion of that same property conveyed by warranty deed From Tri-State Realty Company, Inc. to the City of Blue Ridge, said warranty deed being dated May 9, 1966, and recorded in Deed Book 32, page 203-204, of the Fannin County Records. Portions of the above description of Tract 'D-2' were taken from description given in said deed.
TRACT 'D-3'
BEGINNING at the intersection of the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge and the easterly right-of-way line of County Road No. 103 (a/k/a Ada Street); thence Northerly with the easterly right-ofway line of County Road No. 103 to the northerly right-of-way line of Farm Road, said Farm Road being a paved road located inside the Blue Ridge Industrial Park property, thence Westerly with a line which is normal to the centerline of County Road No. 103 to the westerly right-of-way line of County Road No. 103; thence Southerly with the westerly right-of-way line of County Road No. 103 to the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge to the POINT OF BEGINNING.
TRACT 'D-4'
BEGINNING at the intersection of the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge and the easterly right-of-way line of County Road No. 87 (a/k/a Windy Ridge Road); thence Northerly with the easterly right-of-way line of County Road No. 87 to the property line of the City of Blue Ridge, said property line of the City of Blue Ridge being the southern boundary of aforesaid Tract 'D-2' described herein; thence Westerly with said property line of the City of Blue Ridge to the westerly right-of-way line of County Road No. 87; thence Southerly with the westerly right-of-way line of said County Road No. 87 to the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge; thence Southeasterly with the said northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge to the POINT OF BEGINNING.
The corporate boundaries of the City of Blue Ridge shall also include the following:

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JOURNAL OF THE HOUSE

BEGINNING at the intersection of the centerline of the Toccoa River and the easterly right-of-way line of Georgia Highway APD 515; thence Southwesterly and then Westerly with the southerly right-of-way line of said Georgia Highway APD 515 to a right-of-way marker located right 150 feet from centerline station 99+00 (said rightof-way marker is as shown on Georgia D.O.T. Right-Of-Way Map, Sheet 8, Project APD-056-2(4) dated 7/25/78 and revised 7/26/82, and said map is incorporated herein by reference); thence running Westerly in a straight line to a right-of-way marker located right 220 feet from centerline station 94+50 (said right-of-way marker is as shown on Georgia D.O.T. Richt-Of-Way Map, Sheet 8, Project APD-0562(4) dated 7/25/78 and revised 7/26/82, and said map is incorporated herein by reference); thence Westerly with the southerly right-of-way line of said Georgia Highway APD 515 to the northeasterly boundary of the present corporate limits of Tract 'A' of the City of Blue Ridge (said corporate limits of Tract 'A' of the City of Blue Ridge being fully described in the current City Charter of the City of Blue Ridge); thence Northwesterly with the said northeasterly boundary of the present corporate limits of said Tract 'A' of the City of Blue Ridge to the northerly right-of-way line of Georgia Highway APD 515; thence Easterly and then Northeasterly with the northerly right-of-way line of said Georgia Highway APD 515 to the centerline of the Toccoa River; thence Southeasterly with the centerline of the said Toccoa River to the POINT OF BEGINNING."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Whitaker of the 7th moved that the House agree to the Senate substitute to HB 989.
On the motion, the ayes were 110, nays 0.
The motion prevailed. 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 following Senate amendment was read:
Amend HB 273 by striking line 35 of page 1 and inserting in lieu thereof the following:
"procedures; to provide that no community improvement districts may be created pursuant to this Act on or after a specified date; to provide for severability; to provide for an". By striking line 20 of page 20 and inserting in lieu thereof the following:
"dissolution of the specific community improvement district by". By striking line 23 of page 20 and inserting in lieu thereof the following:
"specific community improvement district by:". By striking line 27 of page 20 and inserting in lieu thereof the following:
"district; or". By striking line 35 of page 20 and inserting in lieu thereof the following: "or (B) of this paragraph shall be submitted to the". By inserting between line 39 of page 21 and line 1 of page 22 the following:

WEDNESDAY, MARCH 24, 1999

2505

"SECTION 15.
No community improvement district may be created pursuant to this Act on or after January 1, 2003."
By renumbering Sections 15, 16, 17, and 18 as Sections 16, 17, 18, and 19, respectively.
Representative Teper of the 61st moved that the House agree to the Senate amendment to HB 273.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
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 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.
The following Senate substitute 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 standing, damages, burden of proof, 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 denial 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 circumstances; to prohibit franchisors from operating, owning, or controlling certain dealerships; 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 clarify certain provisions regarding prohibited acts by manufacturers; 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 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 place certain restrictions on the ownership, operation, or control of dealerships by manufacturers and franchisors; to make it unlawful for a manufacturer or franchisor to compete unfairly with certain dealers; to provide for an automatic repeal of certain provisions; 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.

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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 "Georgia 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 inserting 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 otherwise 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 exclusively in the repair of motor vehicles, except motor homes, 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 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. A franchisor is prohibited from effectuating through any letter, memo, or other document or electronic communication any action or terms that this Article makes unlawful when included in a franchise agreement.
(7) 'Franchisor' means:
(A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated 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, other than a person who finances the purchase or lease of motor vehicles, 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 the area located within an eight-mile radius of an existing dealership."
SECTION 2.
Said article is further amended in Code Section 10-1-623, relating to actions for violations 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) and a new subjection (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 instrument, 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

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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 the greater of (1) the actual pecuniary loss or (2) three times the actual pecuniary loss, not to exceed $750,000.00. In addition, said person may recover costs and reasonable attorney's fees as damages. 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) 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 competent 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."
"(f) In addition to any county in which venue is proper in accordance with any provision 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 engaged 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."
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 inserting 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 warrantor, 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 daysf however, the manufacturer, distributor, or warrantor may retain the right to audit ouch claims and to charge the dealer for false, incorrect, unaubatantiatcd, or fraudu lent claims for a period of not more than two years following payment."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 10-1-653, relating to the sale of a dealership franchise, and inserting in lieu thereof a new Code Section 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 management 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 disapprove or withhold approval of such change or sale unless the franchisor can prove 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, reasona-

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ble, objective, and uniformly applied, within reasonable classifications, standards or qualifications which directly relate to the prospective transferee's business experience, moral character, 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 dealership in the State of Georgia which sells the same line-make motor vehicle as the dealership being transferred unless such management, owner, or transferee is not in substantial compliance with its existing franchise agreement relating to performance in the areas of customer satisfaction or sales or unless such management, owner, or transferee does not meet the franchisor's prior written, reasonable, objective, and uniformly applied standards or qualifications relating to its financial qualifications or moral character. 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 ahow that its disapproval io not arbitrary.
(b) In the alternative, the franchisor may offer to purchase an ownership interest in a new motor vehicle dcalcrahip on auch tcrma and conditiona, including entering into any ancillary or auxiliary contracts, as were diacloocd by the owner to the franchisor."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 10-1-654, relating 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, renewed, 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 actions 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 him such dealer in this state of new motor 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 any line make of motor vehicle or to give up, sell, or transfer any line make of motor vehicle which has been acquired in accordance with this article 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."

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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 as provided in aubscction (c) of Code Section 10-1 641 to To conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, transaction, conduct, or other occurrence which took place or as to any promotion or special event which ends 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 or as to any promotion or special event which ends 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, transaction, conduct, or other occurrence which took place any time prior to the time covered 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, investigation, or inquiry, such franchisor shall send a notice to such dealer for such amount and the dealer shall have not less than 30 days to contest such amount or remit payment;
(15) To deny, delay payment for, restrict, or bill back a claim by a dealer for payment 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 affects 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 substantially 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:

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"(4) Impose unreasonable restrictions on the dealer relative to noncompetition covenants, 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 noncompetition 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 subjective standards or other matters 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 entered into before July 1, 1983, unless such franchise agreements are modified, extended, or renewed on or after that date."
SECTION 10. Said article is further amended in Part 5, relating to motor vehicle fair practices, by adding 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 establish a new dealership or to relocate a current dealership may within 60 days of the receipt of the notice petition a superior court to enjoin or prohibit the establishment of the new or relocated dealership within the relevant 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 dealership within the relevant market area of

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the existing dealerships unless the franchisor can prove by a preponderance of the evidence that the existing dealership is not providing adequate representation of the linemake motor vehicle in the existing dealership'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 obligations 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 affect such penetration, including, but not limited to, demographic factors such as age, income, education, size class preference, product popularity, retail lease transactions, 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, including 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 market 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 relocation 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.

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(c) This Code section shall not apply:
(1) To the addition of a new dealership at a location which is within a three-mile radius of a former dealership of the same line make which has been closed for less than two years;
(2) To the relocation of an existing dealership to a new location which is further away from the protesting dealer's location than the relocated dealer's prior location;
(3) To the relocation of an existing dealership to a new location which is within a three-mile radius of such dealership's current location and it has been at such current location at least ten years."
SECTION 11.
Said article is further amended in Part 5, relating to motor vehicle fair practices, by adding 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, affiliate, 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 within a 15 mile radius of an existing dealer of such manufacturer or franchisor; to own, operate, or control, directly or indirectly, more than a 45 percent interest in a dealer or dealership in this state; to establish in this state an additional dealer or dealership in which such person or entity has any interest; or to own, operate, or control, directly or indirectly, any interest in a dealer or dealership in this state unless such person or entity has acquired such interest from a dealer or dealership which has been in operation for at least five years prior to such acquisition; provided, however, that this subsection 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 transition from one owner or operator to another;
(2) The ownership, operation, 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, shareholder agreement, or purchase option to the operator of the dealership;
(3) The ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor at the same location at which such manufacturer or franchisor has been engaged in the retail sale of new motor vehicles as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, where there is no prospective new motor vehicle dealer available to own or operate the dealership 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 in the retail sale of motorcycles or motor homes;

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(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 franchisor;
(6) The ownership, operation, or control by a manufacturer which manufactures trucks with a gross vehicle weight rating of 12,500 pounds or more of a new motor vehicle dealer which only sells trucks with a gross vehicle weight rating of 12,500 pounds or more at the same location at which such manufacturer has been engaged in the retail sale of such trucks as the owner, operator, or controller of such dealership for a continuous two-year period of time immediately prior to April 1, 1999, or at one additional location which is not located within the relevant market area of an existing dealer of the same line make of trucks; provided, however, this exemption shall apply to a manufacturer described in this paragraph only until such manufacturer is wholly or partially acquired by another manufacturer or distributor; or
(7) A manufacturer from selling new motor vehicles to customers if such vehicles are manufactured or assembled in accordance with custom design specifications of the customer and such sales are limited to no more than 150 vehicles per year.
(b) It shall be unlawful for a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor to compete unfairly with a new motor vehicle dealer of the same line make, operating under a franchise, in the State of Georgia, and, except as otherwise provided in this subsection, the mere ownership, operation, or control of a new motor vehicle dealer by a manufacturer or franchisor under the conditions set forth in paragraphs (1) through (7) of subsection (a) of this Code section shall not constitute a violation of this subsection. For purposes of this Code section, a manufacturer or franchisor or any parent, affiliate, wholly or partially owned subsidiary, officer, or representative of a manufacturer or franchisor shall be conclusively presumed to be competing unfairly if it gives any preferential treatment to a dealer or dealership of which any interest is directly or indirectly owned, operated, or controlled by such manufacturer or franchisor or any partner, affiliate, wholly or partially owned subsidiary, officer, or representative of such manufacturer or franchisor, expressly including, but not limited to, preferential treatment regarding the direct or indirect cost of vehicles or parts, the availability or allocation of vehicles or parts, the availability or allocation of special or program vehicles, the provision of service and service support, the availability of or participation in special programs, the administration of warranty policy, the availability and use of after warranty adjustments, advertising, floor planning, financing or financing programs, or factory rebates.
(c) Except as may otherwise be provided in subsection (a) and subsection (b) 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 subsection 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.
(d) This Code section and paragraph (16) of subsection (a) of Code Section 10-1-662 shall be repealed and shall be null and void and of no force and effect on and after April 1, 2002."

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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 manufacturer or franchisor and a 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 amendment was read:

Representative Wiles of the 34th moves to amend the Senate substitute to HB 356 as follows: By deleting line 21 on pg 3 and replacing it with the following
"subsection (e), a new subsection (f) and a new subsection (g)"
By adding on line 30 page 4 the following:

"(g) In addition to any county in which venue is proper in accordance with any provision 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 dealer by a retail consumer, venue shall be proper in the residence county of the retail consumer".

On the adoption of the Wiles amendment to the Senate substitute, the roll call was ordered and the vote was as follows:

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

N Campbell N Cash N Channell Y Childers Y Clark Y Coan N Coleman, B
Coleman, T N Connell N Cooper Y 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 N Evans Y Everett N Felton N Floyd
Franklin Y Golick N Graves N Greene Y Grindley N Hammontree
Hanner N Harbin N Harrell N Heard
Heckstall N Hegstrom
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
Joyce Y Kaye N Lane N Lewis N Lord N Lucas Y Maddox

Mann Manning Martin, J Martin, J.L Massey McBee McCall McClinton McKinney Millar Mills Mobley Morris Mosley Mueller O'Neal Orrock Parham Fairish Parsons Pelote Pinholster

N Poag N Ponder N Porter N Powell N Purcell Y Ragas
Randall Y Ray N Reaves N Reece Y Reed Y Reese N Reichert N Rice

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2515

N 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

Y Sinkfield
N Skipper N Smith, B N Smith, C Y Smith, C.W N Smith, L Y Smith, L.R N Smith, P N Smith, T N Smith, V
Smyre Snelling N Snow N Squires

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

N Twiggs N Untennan 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 42, nays 121.

The amendment was lost.

The following amendment was read:

Representative Orrock of the 56th et al. move to amend the Senate substitute to HB 356 by adding on line 33 of page 7 between the word "occurrence" and the word "which" the following:

"other than alleged fraud".

On the adoption of the Orrock amendment to the Senate substitute, the roll call was ordered and the vote was as follows:

N Alien N Anderson Y Ashe N Bailey
Bannister N Barnard Y Barnes N Benefield N Birdsong Y Bohannon Y Bordeaux N Borders Y Bridges Y Brooks Y Brown N Buck
Buckner
N Bulloch E Bunn N Burkhalter Y Byrd Y Callaway N Campbell N Cash N Channel! Y Childers Y Clark N Coan Y Coleman, B N Coleman, T Y Connell Y Cooper Y 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 Y Dodson
Dukes Y Ehrhart Y Epps N Evans
Y Everett N Felton N Floyd Y Franklin Y Golick
N Graves Greene
Y Grindley Y Hammontree N Hanner N Harbin Y Harrell Y Heard
Heckstall Y Hegstrom
Hembree
Y Henson N Holland Y 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 Y Jones N Joyce Y Kaye N Lane N Lewis N Lord
Lucas Y Maddox Y Mann
Manning
N Martin, J
Martin, J.L N Massey Y McBee N McCall N McClinton Y McKinney
Millar Y Mills Y Mobley
N Morris
Y Mosley N Mueller N O'Neal Y Orrock N Parham
Parrish
Y Parsons

Y Pelote N Pinholster N Poag Y Ponder N Porter N Powell N Purcell Y Ragas
Randall
N Ray N Reaves N Reece Y Reed N Reese N Reichert N Rice N Richardson N Roberts N Rogers N Royal Y Sanders N 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 Y Smith, L

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

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On the adoption of the amendment, the ayes were 69, nays 93.

The amendment was lost.

Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 356.

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

Y Alien Y Anderson N Ashe
Y Bailey Y 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 E Bunn Y Burkhalter Y Byrd N Callaway Y Campbell Y Cash Y Channell Y Childers N Clark Y Coan Y Coleman, B Y Coleman, T Y Connell N 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 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 Y Harrell Y Heard
Heckatall Y Hegstrom
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 Y Lewis Y Lord N Lucas N Maddox Y Mann Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall N McClinton Y McKinney N Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y OTXfeal
Orrock Y Parham
Parrish Y Parsons

Y Pelote Y Pinholster
Y Poag Y Ponder Y Porter Y Powell Y Purcell N Ragas
Randall Y Ray Y Reaves Y Reece
Reed N Reese Y Reichert Y 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

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 motion, the ayes were 131, nays 36.
The motion prevailed.
Representative Orrock of the 56th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representatives Hembree of the 98th and Snelling of the 99th 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 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 following Senate substitute was read:

WEDNESDAY, MARCH 24, 1999

2517

A RESOLUTION
Designating the bridge on State Highway 338 at Rocky Creek in Laurens County as the "Hubert Hogan Bridge"; designating the bridge on U.S. 278 Business at Euharlee Creek in Rockmart, Georgia, as the "Raymond Lester Bridge"; and for other purposes.
PART 1
WHEREAS, Rubert Leonard Hogan was born in Dexter, Laurens County, Georgia, on July 2, 1903, and devoted his life to serving the needs of that area. Mr. Hogan passed away in 1964 having made his community a better place; and
WHEREAS, Rubert Hogan was president of the Bank of Dudley, formed his own insurance agency, and owned hardware and lumber businesses. His energy and visionary zeal led him to embrace so many interests and thereby benefited his neighbors and fellow citizens; and
WHEREAS, Rubert Hogan also promoted Georgia's agricultural excellence with his own private farming interests as president of the Laurens County Farm Bureau and as a member of various other civic and professional organizations; and
WHEREAS, in addition, Mr. Hogan served as a member of the Georgia House of Representatives from 1935-1936 and 1955-1958, ably representing the people of Laurens County; and
WHEREAS, a prominent banker and a civic booster, Mr. Hogan was an asset to his hometown who set about realizing his vision of steady growth for his community through judicious and generous use of his banking resources; and
WHEREAS, Mr. Hogan was also instrumental in starting Oconee EMC, served on the hospital authority and the Small Business Advisory Council and was an active and beloved member of the Dudley Baptist Church; and
WHEREAS, Mr. Hogan was a devoted husband to his wife Gladys, a wonderful father to two daughters, Barbara and Betty, and a proud grandfather; and
WHEREAS, given his many contributions to the growth and prosperity of Laurens County and its citizens, it is only fitting and proper that Rubert Hogan be honored by so naming the bridge on State Highway 338 at Rocky Creek.
PART 2
WHEREAS, Raymond Lester is a family man who along with his wife Nell raised three wonderful children and who found time to contribute to the betterment of his community through developing a prosperous grocery business which employs many people and through generous civic involvement; and
WHEREAS, a prominent businessman and a civic booster, Mr. Lester is an asset to his community, an active Kiwanis Club member, and a proud and devoted member of First Baptist Church; and
WHEREAS, given his many contributions to the growth and prosperity of Rockmart and its citizens and his kind heart, it is only fitting and proper that Raymond Lester be honored by so naming the bridge on U.S. 278 Business at Euharlee Creek in Rockmart.
PARTS
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Highway 338 at Rocky Creek is designated the "Rubert Hogan Bridge" in honor of the many contributions made by Mr. Hogan to Laurens County and to our great state, and that the bridge on U.S. 278 Business at Euharlee Creek in Rockmart, Georgia, is designated the "Raymond Lester Bridge" in honor of the many contributions made by Mr. Lester to his community and to our great state.

2518

JOURNAL OF THE HOUSE

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridges.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Rubert Hogan, to Raymond Lester, and to the Department of Transportation.
Representative Porter of the 143rd moved that the House agree to the Senate substitute to HR 209.
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
Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E 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
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
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
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
Randall Y Ray
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 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 motion, the ayes were 166, nays 0.
The motion prevailed. 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.
The following Senate substitute was read:

WEDNESDAY, MARCH 24, 1999

2519

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 disposal 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 2005. The director shall make an annual report to the House Committee on Natural Resources and the Environment and the Senate Natural Resources Committee regarding the status of the scrap tire program."

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

Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 578.

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

Y Alien Y Anderson
Ashe Y Bailey Y 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 E Bunn Y Burkhalter Y Byrd N Callaway
Y Campbell Y Cash Y Channel! Y Childers Y Clark
Coan Y Coleman, B Y Coleman, T Y Connell
Cooper Y Cox
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
Ehrhart
Y Epps Y Evans Y Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene
Grindley N 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
Jenkins Y Jennings Y 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 Y McBee Y McCall Y McClinton Y McKinney
Millar N Mills Y Mobley Y Morris Y Mosley Y Mueller Y O'Neal Y Orrock
Parham Y Parrish
Y Parsons

Pelote Y Pinholster Y Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
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
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
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
E Westmoreland Y Whitaker
Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

2520

JOURNAL OF THE HOUSE

On the motion, the ayes were 143, nays 12.

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.

Representatives Massey of the 86th and Walker of the 87th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.
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 Senate amendment was read:

Amend HB 217 by striking line 8 on page 2 and inserting in lieu thereof the following:

"buildings; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this article. On or before October 1, 1999, and as changes".

Representative Lucas of the 124th moved that the House agree to the Senate amendment to HB 217.

On the motion, 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 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
Jenkins Y Jennings Y Jones
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
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 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

Y Stanley-Turner Y Stephens
Y Stokes Y Stuckey
Y Taylor

WEDNESDAY, MARCH 24, 1999

Teague
Teper
Tillman Tolbert Trense

Turnquest Twiggs Unterman Walker, L
Walker, R.L

Watson West Westmoreland Whitaker Wiles

2521
Williams, J Williams, R Wix Yates Murphy, Spkr

On the motion, the ayes were 160, nays 0.

The motion prevailed.
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.

The following Senate amendment was read:

Amend HB 636 (LC 25 1354S) by inserting between lines 19 and 20 of page 1 the following:

"(1) Meets all three of the following criteria:". By striking "(1)" on line 20 of page 1 and inserting in lieu thereof "{!) (A)". By striking "(2)" on line 21 of page 1 and inserting in lieu thereof "f3) (B)". By striking "aed" on line 22 of page 1 and inserting in lieu thereof "and". By striking "(3)" on line 23 of page 1 and inserting in lieu thereof "(3) (C)". By striking "(4)" on line 25 of page 1 and inserting in lieu thereof "(4) (2)".

Representative Lucas of the 124th moved that the House agree to the Senate amendment to HB 636.

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 Y Brown Y Buck Y Buckner
Y Bulloch E Bunn Y Burkhalter
Y Byrd Y Callaway
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 N Day
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

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

Y Maddox Y Mann
Y Manning Y Martin, J Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKianey 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 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

2522
Y Smith, P Y Smith, T Y Smith, V Y Smyre
Snelling Y Snow Y Squires

JOURNAL OF THE HOUSE

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 Unterman
Walker, L Walker, R.L Watson West E Westmoreland

Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 160, nays 1.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bills of the Senate:
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 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 hospital or ambulatory surgical facility charges in conjunction with dental care under certain circumstances.
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 accidents, so as to change certain provisions relating to the duty to remove a vehicle from the roadway of an expressway or multilane highway; to provide an effective date.
The Senate has agreed to the House amendment to the following bills of the Senate:
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 allowances for jurors shall not exceed $50.00 per diem.
SB 115. By Senators Ragan of the llth, Meyer von Bremen of 12th and Williams of the 6th:
A bill to amend Chapter 12 of Title 42 of the Official Code of Georgia Annotated, known as the "Prison Litigation Reform Act of 1996," so as to provide for payment from a prisoner's inmate account for costs and fees associated with the filing of a petition for writ of habeas corpus by a prisoner.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:

WEDNESDAY, MARCH 24, 1999

2523

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 drugfree commercial zones which have been adopted by counties and municipalities and registered with the Department of Community Affairs prior to a certain date.
The Senate has agreed to the House substitute to the following bills of the Senate:
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 100. By Senator Madden of the 47th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, the "Georgia Pharmacy Practice Act," so as to change the provisions 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 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 Annotated, 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 provide for a right of rescission with respect to such transactions.
SB 164. By Senators Ray of the 48th, Cagle of the 49th and James of the 35th:
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 offenses; to change certain provisions relating to punishments for certain violations 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.
SB 180. By Senators Fort of the 39th, Walker of the 22nd, Lee of the 29th and others:
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; to provide for legislative findings and definitions; to provide who may file an action; to provide for complaints, affidavits, jurisdiction, and venue; to provide that complaints shall allege evidence of illegal activities relating to drugs and adverse impact.
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 Annotated, 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.
The Senate has agreed to the House amendment to the following bills of the Senate:

2524

JOURNAL OF THE HOUSE

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 Annotated, relating to employment security, so as to enact the "Workforce Reinvestment 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 variations from standard rate.
SB 230. By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and Polak of the 42nd:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Year 2000 Readiness Act"; to provide a short title; to define terms; to authorize certain state regulatory agencies to investigate certain entities under their regulatory jurisdiction with respect to the adequacy, security, and accommodation afforded by their services; to authorize investigation and require certain reports and information.
The Senate has agreed to the House amendment to the Senate amendment to the House substitute to the following bill of the Senate:
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 advocate; 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, witnesses, and other employees.
The Senate insists on its amendment to the following bill of the House:
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th 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 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 following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:
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.
Representative Birdsong of the 123rd moved that the House insist on its position in disagreeing to the Senate amendment to HB 82 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.

WEDNESDAY, MARCH 24, 1999

2525

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Birdsong of the 123rd, Royal of the 164th and Smith of the 12th.
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.

Representative Walker of the 141st moved that the House insist on its position in disagreeing to the Senate amendments to HB 100 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Walker of the 141st, Coleman of the 142nd and Jackson of the 112th.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto:
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 Annotated, 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 adoption of millage rate resolutions and ordinances.

The following Senate amendment was read:

Amend the House substitute to SB 177 (LC 18 9705-ECS) by striking lines 18 and 19 on page 23 and inserting in their place the following:

"is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of equalization as to other property, the taxpayer, in".

Representative Smith of the 175th moved that the House agree to the Senate amendment to the House substitute to SB 177.

On the motion, 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 E Bunn
Y Burkhalter Y Byrd Y Callaway
Y Campbell Y Cash Y Channell Y 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
Evans Y Everett
Felton Y Floyd Y Franklin

Golick Graves Greene Grindley Hammontree
Manner Harbin Harrell Heard Heckstall Hegstrom Hembree Henson

2526
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

JOURNAL OF THE HOUSE

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 OTSIeal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Pinholster Y Poag

Ponder
Porter
Powell Purcell Ragas Eandall
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 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-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
E Westmoreland Y Whitaker
Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 163, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 77. By Senators Cheeks of the 23rd, Kemp of the 3rd, Streat of the 19th and Johnson of the 1st:
A bill to amend Code Section 33-34-6 of the Official Code of Georgia Annotated, relating to the selection of motor vehicle repair facilities, so as to provide that motor vehicle insurers may not designate certain repair facilities to establish the cost of repairs; to provide for applicability.
The Senate has agreed to the House substitute to the following bill of the Senate:
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.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:
SB 241. By Senators Walker of the 22nd, Thompson of the 33rd, Stokes of the 43rd and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Community Health and transfer to that department certain functions and duties previously performed by the Department of Medical Assistance, Health Planning Agency, and State Personnel Board; to provide for legislative intent and definitions; to create a Board of Community Health and provide for the appointment, qualification, terms, organization, removal, and compensation and expenses of its mem-

WEDNESDAY, MARCH 24, 1999

2527

bers; to specifically repeal Chapter 37 of Title 31 of the Official Code of Georgia Annotated, relating to health care personnel, and Article 6 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, "The Medical Assistance for the Aged Act".

The following Senate amendment was read:

Amend the floor amendment #2 (AM 19 0501) to SB 241 by adding at the end the following:

"By adding after the comma on line 18 of page 7 the following:

'including the Division of Public Health, the Division of Mental Health, Mental Retardation, and Substance Abuse, and the Office of Aging thereof,'"
By striking the period on line 22 of page 17 and inserting in its place the following:

", except that such department shall prepare and submit the budget for the board."

Representative Smith of the 175th moved that the House agree to the Senate amendment to the House amendment to SB 241.

On the motion, 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
Felton Y Floyd N Franklin Y Golick Y Graves
Y Greene
Y Grindley
Y Hammontree Hanner
Y Harbin
Y 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

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
Manning Y Martin, J Y Martin, J.L Y Massey Y McBee
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
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 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 E Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 154, nays 5. The motion prevailed.

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JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
Representative Lane of the 146th moved that the House insist on its position in disagreeing to the Senate substitute to HB 855 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Lane of the 146th, Parham of the 122nd and Morris of the 155th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has disagreed to the House amendment to Senate amendment #2 to the following bill 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.
The Senate has agreed to the House substitute to the following bill of the Senate:
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 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 fingerprint records check determination within the previous 12 months.
The Senate insists on its amendment to the following bill of the House:
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 Senate has agreed to the House amendment to the Senate amendment to the following bills of the House:

WEDNESDAY, MARCH 24, 1999

2529

HB 1000. By Representative Smith of the 169th:
A bill to amend an Act providing for the composition and selection of the Board of Education of Pierce County, so as to change the compensation of the members of the board of education.
HB 1001. By Representative Smith of the 169th:
A bill to amend an Act providing for the election of members of the Board of Education of Brantley County, so as to change the provisions relating to the compensation of the members of the board.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 210. By Senators Walker of the 22nd, Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill 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, and Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to require managed care plans and health maintenance organizations to make certain additional disclosures and include additional access to and reimbursement of out of network providers and hospitals.
The Senate insists on its substitute to the following bill of the House:
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th 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.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: 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 Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.
The following Senate amendment was read:
Amend HB 727 on page 1 by inserting "to redefine a term;" after "as" on line 3; by striking "its" and inserting in lieu thereof "their" on line 14; by inserting "(a) and subsection" before "(d)" on line 15; and by inserting between lines 15 and 16 the following:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons, including without limitation sport-utility vehicles, but shall not mean pickup trucks, motorcycles, motor driven cycles, or all-terrain vehicles equipped for off road ttse;; provided, however, that the term 'passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age."
Representative Lane of the 146th moved that the House disagree to the Senate amendment to HB 727.
The motion prevailed.

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JOURNAL OF THE HOUSE

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.

The following Senate amendment was read:

Amend HB 502 by striking the word "To" on line 1 of page 1 and inserting in lieu thereof the following: "To amend Code Section 12-5-134 of the Official Code of Georgia Annotated, relating to standards for wells and boreholes, so as to provide a new standard; to".
By inserting immediately following line 19 of page 1 the following:

"Code Section 12-5-134 of the Official Code of Georgia Annotated, relating to wells and boreholes, is amended by inserting at the end thereof the following:

'(7) No well or borehole drilled on or after July 1, 1999, and before December 31, 2004, shall be used to inject water into an aquifier.'

SECTION 1A."

The following amendment was read and adopted:

Representative Barnard of the 154th et al. move to amend the Senate amendment to HB 502 (AM 21 0822) by striking lines 2 through 15 of page 1 and inserting in lieu thereof the following:
"Amend HB 502 by striking line 17 of page 1 and inserting in lieu thereof the following:

'thereof; to prohibit acceptance of any bond or irrevocable letter of credit from any water well contractor or driller who drills any well or borehole for the purpose of injecting any surface water into the floridan aquifer during a specified period; to repeal conflicting laws; and for other purposes.'
By striking line 2 of page 2 and inserting in lieu thereof the following:

'political subdivision thereof.

(i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 1999, and before December 31, 2002.'"

Representative Lane of the 146th moved that the House agree to the Senate amendment, as amended by the House, to HB 502.

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

Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks
Y Brown Y Buck

Y Buckner Y Bulloch
E 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 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

WEDNESDAY, MARCH 24, 1999

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 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 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 Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott Y Shanahan
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
Snow
Y Squires

2531
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 161, nays 0.
The motion prevailed. 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 Annotated, relating to employment security, so as to enact the "Workforce Reinvestment 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 Senate amendment was read:
Amend HB 779 by striking from line 16 on page 13 where it first appears the word "rate" and inserting in lieu thereof the word "date". By striking from line 21 on page 13 the following:
"Reduction", and inserting in lieu thereof the following:
"Increase". By striking from line 37 on page 13 the following:
"When",
and inserting in lieu thereof the following:
"Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when".
Representative Dukes of the 161st moved that the House agree to the Senate amendment to HB 779.

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JOURNAL OF THE HOUSE

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
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter
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
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
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 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 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
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

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 motion, the ayes were 156, nays 0.
The motion prevailed.
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".
The following Senate substitute was read:
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"; 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 program; 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

WEDNESDAY, MARCH 24, 1999

2533

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 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 provide 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 procedures relating thereto; to provide for the composition, duties, and training of placement review committees; to provide that the parents or guardians of students who are removed from class may be required to participate in conferences requested by principals; to require the Department of Education to develop certain training programs; to require local boards of education to file annual reports with the Department of Education 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 repeal Code Section 20-2-751.3, relating to student codes of conduct; to provide for grants to local school systems for alternative education programs; to require local school systems to establish certain alternative education programs; to provide for criteria for the distribution of such grants and reporting; 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.
This Act shall be known and may be cited as the "Improved Student Learning Environment 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 comprehensive character education program shall be known as the 'character curriculum" and shall focus on the students' development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, selfrespect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Local boards may shall implement such a program at any time and for any in all grade levels, and the atatc board shall encourage the implementation of such plan at the beginning of the 2000-2001 school year and shall provide opportunities for parental involvement in establishing expected outcomes of the character education program.
(b) The Department of Education shall develop character education program workshops designed for employees of local school systems."
SECTION 3.
Said chapter is further amended in Code Section 20-2-210, relating to annual performance 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 subsection (b) to read as follows:

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"(b) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development 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 students, 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 designed to improve the student learning environment by improving student behavior and discipline. These policies shall provide for the development of age-appropriate student 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 Department of Education shall make available for utilization by each local board of education model student codes of conduct, a model student support process, a model progressive discipline process, and a model parental involvement process.

(b) Student standards of behavior developed pursuant to this subpart shall be designed 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 local 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 consideration, 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 designed 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 history of the student being disciplined and other relevant factors will be taken into account, 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 designed to create the expectation that parents and guardians, teachers, and school administrators will work together to improve and enhance student behavior and academic performance and will communicate freely their concerns about and actions in response to student behavior that detracts from the learning environment.

WEDNESDAY, MARCH 24, 1999

2535

(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 educational settings rather than to suspend or expel such students from school.
20-2-736.
(a) Local boards of education shall provide for the distribution of student codes of conduct 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 students and parents or guardians jointly. Local boards of education may solicit the signatures 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 behavior that repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in his or her class or with the ability of such student's classmates to learn, where such behavior is 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 describe 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 response 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 teacher 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 regarding how the student's parents or guardians may contact the principal or the principal'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 principal'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

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JOURNAL OF THE HOUSE

the student's classmates to learn, where the student's behavior is 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 determines that such behavior of the student poses an immediate threat to the safety of 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 or at the beginning of the next school day. The principal or the principal'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 removed 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 or at the beginning of the next school day. 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 warranted, 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 determine an appropriate 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 temporary placement for the student 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, as an appropriate temporary placement, unless the teacher gives his or her consent. The temporary placement shall be in effect from the time of removal until the decision of the placement review committee is issued or, if applicable, a placement determination is made pursuant to paragraph (2) of subsection (e) of this Code section.
(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

WEDNESDAY, MARCH 24, 1999

2537

(2) Refer the student to the principal or the principal's designee for appropriate action consistent with paragraph (2) of subsection (e) of this Code section.
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. Local boards of education shall provide training for members of placement review committees regarding the provisions of this subpart, including procedural requirements; local board policies relating to student discipline; and the student code of conduct that is applicable to the school.
(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 implement such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural requirements 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 actions 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, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section; or
(C) Make another disciplinary decision or recommendation 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 implement such decision of the placement review committee. In addition, the principal or the principal's designee shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, as follows, provided that the placement or disciplinary action is 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, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section;
(C) Make another placement or disciplinary decision or recommendation consistent with local board policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this paragraph.
(f) Within one school day of taking action pursuant to subsection (e) of this Code section, the principal or the principal's designee shall send written notification of such action to the teacher and the parents or guardians of the student and shall make a reasonable attempt to confirm that such written notification has been received by the student's parents or guardians.

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(g) 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 attend such a conference.
(h) The procedures contained in this Code section relating to student conferences and notification of parents or guardians are minimum requirements. Nothing in this Code section shall be construed to limit the authority 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. 20-2-739.
On and after July 1, 2000, the Department of Education shall provide training programs in conflict management and resolution and in cultural diversity for voluntary implementation 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 following categories:
(1) Actions in which a student was assigned to in-school suspension;
(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 semester 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 following 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 principals or their designees. The data

WEDNESDAY, MARCH 24, 1999

2539

required by this Code section shall be reported separately for each school within the local school system and collected and reported in compliance with the requirements of 20 U.S.C. Sections 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 personally identifiable information regarding students or school personnel. The department shall submit a report on such study to the General Assembly by December 1, 1999, and annually thereafter.
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 student 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 Individualized 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, relating to chronic disciplinary problem students."
SECTION 5.
Said chapter is further amended by striking in its entirety Code Section 20-2-751.3, relating 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 educational settings rather than to suspend or expel such students from school.",
and inserting in lieu thereof the following:

"20-2-751.3. Reserved."

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SECTION 6.
Said chapter is further amended by striMng in its entirety Code Section 20-2-769, relating 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 authorised to create an shall provide grants to lojcal school systems for use in alternative ochool program education programs for atudcnta 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. Thio program These alternative education programs shall provide the individualized instruction, intervention strategies, and transition to other education programs these students need to become successful students and good citizens.
(b) Any local board Local boards of education may choose to shall establish either individually or in collaboration with another school system or systems an alternative achool education program for the sete purpose of providing a separate educational program for students who violate the student cede codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The educational alternative education program for on alternative school must shall provide a learning environment that include includes the objectives of the quality core curriculum, ensuring that and the instructional program wiH shall enable students to make the transition back to a regular school program or acck postaccondary education and cnauring tiip^ credit earned by students participating in the alternative achool program can be tranafcrrcd to cither the home achool or another public school. Course credit shall be earned in the alternative education program in the same manner as in other education programs.
(d) The state board ia authorized to shall establish criteria and procedures for alternative achoola education program grants. Each year the state board must review pcti tiona for alternative achool otatuo received from local boarda of education. The otatc board io directed to approve aueh petitions and to grant alternative aehool status to lo cal boards of education whoac petitions, in the opinion of the state board, meet the ca tabliahcd 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 achool atatuo on a multiycar baaia, not to exceed five yearn. Annual progress reports for each alternative achool education 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 for 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; aed
(3) The process by which students have been returned to their home ochool or an other public achool 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 school education program?; and

WEDNESDAY, MARCH 24, 1999

2541

(4) The average daily membership and the average daily attendance records for the program.

(f) The State Board of Education may withdraw an alternative school status designation if, in the opinion of the board, the dcaignatcd achool is not complying with the criteria 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 education 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 establish 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 distributed pursuant to this Code section shall be expended to operate an alternative education program which does not meet the requirements of this Code section.
(g) If a achool district is granted alternative achool atatua 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.
Representative Dukes of the 161st moved that the House agree to the Senate substitute to HB 605.

On the motion, 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 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
Manner Harbin Harrell Heard Hecks tall 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

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 N 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

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Y Turnquest Y Twiggs Y Unterman

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

Y West E Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 152, nays 5.
The motion prevailed.
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 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 strategies, 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 Senate amendments were read:

Senate Amendment No. 1 Amend HB 699 by adding at the beginning of line 8 of page 1 the following:
"to amend Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, so as to change provisions relating to ratification of changes in the boundaries of regional development centers;". By renumbering Section 3 as Section 4 and inserting a new Section 3 to read as follows:
"SECTION 3. Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, is amended by adding at the end a new subsection (g) to read as follows:
'(g) In addition to ratification by resolution, the General Assembly may ratify regional development center boundary changes by Act; and the particular changes adopted by the Board of Community Affairs on January 13, 1999, and February 10, 1999, and affecting Johnson and Emanuel counties are ratified to become effective July 1, 1999.'"
Senate Amendment No. 2
Amend H.B. 699 on lines 17 and 18 of page 1 by striking the following:
"not later than September 30, 1999," and, by inserting a new Section 4 on page 2 immediately following existing Section 3 to read as follows:
"SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
Senate Amendment No. 3
Amend HB 699 by inserting after word "located" on page 2 line 10 the following:

WEDNESDAY, MARCH 24, 1999

2543

Provided the county does not decline to agree to a process that it has entered with any other municipality regardless of population.
The following amendment was read and adopted:
Representatives Royal of the 164th, Coleman of the 142nd and Shanahan of the 10th move to amend the Senate amendment to HB 699 by inserting at the end thereof the following: "By adding at the end of line 7 of page 1 the following:
'to amend Code Section 50-4-7, relating to state service delivery regions, so as to change the boundaries of certain such regions;'. By adding immediately after Section 2 a new Section 2.1 to read as follows:
'SECTION 2.1. Code Section 50-4-7, relating to state service delivery regions, is amended by striking paragraphs (7), (9), and (12) of subsection (a) and inserting in their respective places new paragraphs to read as follows:
"(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties;"
"(9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties;"
"(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Evans, Glynn, Liberty, Long, and MelntoshrSefevcn, and Tattnall counties.'" By inserting in the title of said bill, immediately before the phrase 'to repeal conflicting laws;' the following:
'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; to define certain terms; to provide that no political subdivision shall issue any pension obligation bond without a certain certification of the state auditor; to provide that no governmental entity, authority, or retirement or pension fund shall purchase any pension obligation bonds; to provide for a reserve fund;' By inserting immediately before the last section of said bill the following:
'SECTION A. Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to bonds, is amended by inserting at the end thereof the following:
"36-82-9.
(a) As used in this Code section, the term:
(1) 'Annual savings' means the difference between the annual debt service payments on pension obligation bonds and the annual required contribution to fund the unfunded actuarial accrued liability of the pension fund.

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(2) 'Level debt structure' means the establishment of a bond repayment schedule that requires equal annual debt service payments, including both principal and interest, over the life of the debt issue.

(3) 'Pension obligation bond' means a bond issued as a general obligation bond in accordance with the provisions of this chapter, the proceeds of which are deposited with the government's retirement system administrator to liquidate, in whole or in part, the government's unfunded accrued actuarial liability to the government's retirement plan.

(b) No political subdivision shall issue any pension obligation bond unless the state auditor has certified that such bonds comply fully with the provisions of this Code section.

(c) All pension obligation bonds shall:

(1) Be general obligation bonds subject to the provisions of the Constitution of Georgia and this chapter relating to general obligation bonds;

(2) Be included as a component of the total debt of the political subdivision subject to the debt limits provided in Article LX, Section V of the Constitution of Georgia;

(3) Be issued on a competitive basis;

(4) Specify a level debt structure; and

(5) Specify a maturity not longer than 20 years.

(d) An amount not less than 5 percent of the annual savings shall be deposited into a reserve fund as protection against changes that might impact the future financial condition of the pension system.

(e) Neither the political subdivision issuing pension obligation bonds nor any department, agency, authority, retirement system, or pension fund of such political subdivision shall purchase the pension obligation bonds so issued.'""

Representative Royal of the 164th moved that the House agree to the Senate amendments, as amended by the House, to HB 699.

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
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhaltei

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 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
Lucas Y Maddox
Mann Y Manning Y Martin, J Y Martin, J.L Y Massey
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
Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas

WEDNESDAY, MARCH 24, 1999

2545

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 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
West E Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 160, nays 0.
The motion prevailed.
Representative West of the 101st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 973. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," so as to change the compensation of the coroner.
The following Senate substitute was read:

A BILL
To amend an Act entitled "An Act to abolish the present mode of compensating the coroner of Monroe County," approved April 4, 1967 (Ga. L. 1967, p. 2599), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3827), so as to change the compensation of the coroner; to provide for a cost-of-living salary increase; 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 abolish the present mode of compensating the coroner of Monroe County," approved April 4, 1967 (Ga. L. 1967, p. 2599), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3827), is amended by striking Section 2 of such Act and inserting in lieu thereof the following:
"SECTION 2.
The coroner shall receive an annual salary of $6,000.00, payable in equal monthly installments from the funds of Monroe County. When the governing authority of Monroe County grants a cost-of-living increase in the compensation of county employees, the percentage by which the compensation of county employees is increased shall be applied to the then current salary of the coroner, and the salary of the coroner shall be increased by such average percentage."

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SECTION 2.
This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 110th moved that the House agree to the Senate substitute to HB 973.

On the motion, the ayes were 110, nays 0.

The motion prevailed. HB 970. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to provide a new charter for the City of Lithia Springs.

The following Senate amendment was read:

Amend HB 970 by striking line 26 of page 1 and inserting in lieu thereof the following:

"provide for an effective date; to provide for automatic repeal of this Act in certain circumstances; to repeal a specific Act; to".
By striking line 3 of page 2 and inserting in lieu thereof the following:
"Springs."
By inserting between lines 4 and 5 of page 35 the following:
"SECTION 7.17. Contingent automatic repealer.
Upon a final judgment affirming the court order issued on or about December 30, 1998, which declared that the city charter was void, this charter shall be automatically repealed in its entirety. In such circumstances, it shall be the duty of the prevailing party to provide a copy of the decision affirming such court order to the Secretary of State."
By renumbering Section 7.17 as Section 7.18.

Representative Hembree of the 98th moved that the House agree to the Senate amendment to HB 970.

On the motion, the ayes were 110, nays 0.

The motion prevailed.
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.

The following Senate substitute was read:

WEDNESDAY, MARCH 24, 1999

2547

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the Sunday sale of alcoholic beverages in bowling centers; to provide for Sunday sales of other alcoholic beverages in private clubs; to authorize the serving of alcoholic beverages at a technical institute which is operated by a unit of the Department of Technical and Adult Education and which has a business conference center capable of accommodating 200 people or more incident to its operation; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by inserting at the end of Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, the following:
"(o)(l) As used in this subsection, the term 'bowling center' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross revenues either from the rental of bowling lanes and bowling equipment or from the combination of the rental of bowling lanes and bowling equipment and the sale of prepared meals and other food products.
(2) The governing authority of any municipality or county in any portion of which the sale of alcoholic beverages is authorized may by ordinance authorize the sale of alcoholic beverages for consumption on the premises in any bowling center located within the jurisdiction of such governing authority between the hours of 12:30 P.M. and 12:00 midnight on Sundays."
SECTION 2. Said title is further amended by striking Code Section 3-7-2, relating to Sunday sales of distilled spirits, and inserting in its place the following:
"3-7-2.
Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits or other alcoholic beverages by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell those same distilled spirits and other alcoholic beverages by the drink at any time on Sundays."
SECTION 3. Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, is amended by adding at the end thereof a new Code Section 3-8-6 to read as follows:
"3-8-6.
(a) As used in this Code section, the term 'technical institute' means any facility which is operated by a unit of the Department of Technical and Adult Education and which has a business conference center capable of accommodating 200 people or more incident to its operation.
(b) Notwithstanding the provisions of Code Sections 3-3-21 and 3-3-21.1, a technical institute may serve alcoholic beverages incident to its operation of a business conference center.

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(c) For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a technical institute shall be considered to be within a municipality if the institute, or a greater part of the institute, is within the limits of the municipality. A technical institute shall be considered to be within the unincorporated area of a county if the institute, or a greater part of the institute, is located within the unincorporated area of the county."

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 Reichert of the 126th moved that the House agree to the Senate substitute to HB 140.

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

Y Davis, T Day Dean
Y DeLoach, B N DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes Y Ehrhart Y Epps Y Evans N Everett Y Felton Y Floyd N Franklin Y Golick Y Graves Y Greene N Grindley
Hammontree N Hanner Y Harbin
Harrell Y Heard
Heckstall Y Hegstrom N Hembree Y Henson Y 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 N Joyce N Kaye
Lane N Lewis Y Lord
Lucas Y Maddox N Mann
Manning
Y Martin, J
Y Martin, J.L N Massey Y McBee
Y McCall Y McClinton
McKinney Y Millar N Mills Y Mobley N Morris Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Parsons

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

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

On the motion, the ayes were 102, nays 49. The motion prevailed. The Speaker Pro Tern assumed the Chair.

WEDNESDAY, MARCH 24, 1999

2549

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 Senate substitute was read:

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 conveyance of certain state owned real property located in Tattnall County, Georgia; authorizing the conveyance of certain state owned real property in Dougherty County, Georgia; authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned real property reversionary interest to property located in Douglas County, Georgia; authorizing the granting of nonexclusive easements for operation 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; authorizing the granting of a nonexclusive easement for operation and maintenance of a railroad siding in, on, over, under, upon, across, or through property owned by the State of Georgia in Hamilton County, Tennessee; authorizing the long-term leasing of certain state owned property in Rabun County, Georgia; authorizing an amendment to a lease of certain state owned real property located in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in 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. Armstrong, 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;
(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 approximately 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 one-half of the original Timber Ridge Drive right of way, which adjoins state owned property containing approximately 0.18 of one acre to the State of Georgia which is identified as the above-described Parcel "D";

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(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 surveyor 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-mentioned new location for a consideration of $1.00;
(6) Hall County is desirous of acquiring the above-described state owned real property 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, conveyed the above-described property to the state on May 19, 1966, for the consideration 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 a certain parcel of real property located in Tattnall County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the 1645th Georgia Militia District of Tattnall County and containing approximately 0.44 of one acre as shown on a plat of survey prepared by Princeton P. Pirkle, Jr., Georgia Registered Land Surveyor No. 1474, dated October 27, 1998, 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 under the custody of the Department of Corrections at its Georgia State Prison facility;
(4) Ron Bell is the owner of certain real property which adjoins the above-described state owned property, and it has been determined that certain improvements have been constructed on a portion of the said state owned real property, thereby creating an encroachment;
(5) Ron Bell is desirous of acquiring the above-described state owned real property in order to remedy the said encroachment;

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(6) The above-described state owned real property is separated from the main campus of Georgia State Prison by Georgia Highway 147, and the Department of Corrections has no objections to the conveyance of the above-described state owned property in order to remedy the encroachment; and
WHEREAS:
(1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia, which are collectively known as the Albany Nursery, totaling approximately 299 acres;
(2) The parcels are described as follows:
(A) All those tracts or parcels of land being approximately 291 acres in Land Lot 68 and part of Land Lot 93 of the 2nd District of Dougherty County, Georgia, and approximately five acres in Land Lot 54 of the 2nd District of Dougherty County, Georgia, being more particularly shown on a plat of survey by William Lowe dated January 12, 1955; and
(B) All that tract or parcel of land lying and being in Land Lot 361 of the 1st District of Dougherty County, Georgia, containing approximately three acres, more particularly shown on a plat of survey by Malcolm Burnsed dated December 22, 1975;
(3) Together the parcels are currently in the custody of the Department of Natural Resources and are operated by the department's Wildlife Resources Division as a wildlife management area which includes access and facilities for handicapped persons;
(4) With only approximately 299 acres, the wildlife management area is too small to allow the inclusion of all of the appropriate outdoors experiences and there is no opportunity for expansion;
(5) The department's Wildlife Resources Division desires to purchase, create, and maintain other wildlife management area lands in southwest Georgia for the use of the citizens of Georgia and to provide special facilities for hunting and shooting by handicapped sportsmen and women in wildlife management area lands in southwest Georgia;
(6) In addition, there is a need to provide permanent and adequate electrical service to Ossabaw Island, a unique coastal barrier island owned by the State of Georgia which is in the custody of the Department of Natural Resources and which is also operated by the department's Wildlife Resources Division as a wildlife management area;
(7) The department does not currently have sufficient funds available to acquire the new wildlife management area lands or to provide new special facilities for hunting and shooting by handicapped sportsmen and women or to provide permanent and adequate electrical service to Ossabaw Island; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the City of Savannah being located in the 6th Georgia Militia District of Chatham County and containing approximately 12.13 acres as shown on a plat of survey prepared by

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Paul D. Wilder, Georgia Registered Land Surveyor No. 1559, dated October 29, 1996, and on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Air National Guard Armory for Chatham County;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus;
(5) The Chatham County Board of Commissioners conveyed the above-described property to the state on February 6, 1956, for the consideration of $1.00;
(6) The Chatham County Board of Commissioners is desirous of acquiring the above-described state owned property for public use if the property is declared surplus;
(7) Chatham County has agreed to construct a new armory facility for the Department of Defense at no expense to the state; and WHEREAS:
(1) Pursuant to Resolution Act 56, H.R. 271, approved April 29, 1997 (Ga. L. 1997, p. 1250), the State of Georgia owns a reversionary interest in a certain parcel of real property located in Douglas County, Georgia;
(2) Said real property, to which the State of Georgia owns a certain real property reversionary interest, is all that tract or parcel of land lying and being in original Land Lot 98 of the 2nd District, 5th Section of Douglas County and being two acres in the northwest corner of the tract described in the deed from C.F. McGouirk to L.A. Moody and J.C. Moody dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records;
(3) Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00;
(4) Said property was under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit;
(5) The Georgia Forestry Commission has consolidated many of its functions throughout state;
(6) Douglas County agreed to accept the responsibility of fire suppression in Douglas County;
(7) Douglas County was desirous of obtaining the subject property in order to provide said services;
(8) By resolution dated February 13, 1996, the Georgia Forestry Commission declared the subject property surplus to its needs;
(9) Pursuant to said 1997 Resolution Act 56, H.R. 271, the State of Georgia executed a quitclaim deed conveying the subject property to Douglas County for a consideration of $1.00, so long as the property is used for public purposes;

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(10) Said quitclaim deed was delivered to Douglas County on or about January 7, 1997;
(11) Douglas County has notified the State Properties Commission that the reversionary interest in the subject property may affect the ability of Douglas County to exchange the subject property for other property which Douglas County desires to acquire in order to locate a new fire station thereon; 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 Department of Transportation right of way plans prepared by ICF Kaiser Engineers Group 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) 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 Properties 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 survey 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 portion 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 Properties Commission and Department of Technical and Adult Education, with respect to property under the jurisdiction of their respective agencies; and WHEREAS:

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(1) The State of Georgia is the owner of certain real property located in Hamilton County, Tennessee;
(2) Said property is a portion of the Western and Atlantic Railroad right of way and may be within the bounds of those rights of way currently leased by the state to CSX Transportation;
(3) The Norfolk Southern Corporation is the owner of railroad right of way adjoining said property;
(4) Seaboard Farms Inc., a Georgia based company, adjoins the Norfolk Southern Corporation right of way and is desirous of expanding its facilities;
(5) The Norfolk Southern Corporation has agreed to relocate its existing rail line to the state owned right of way in order to accommodate Seaboard Farms Inc. in its expansion; and WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Rabun County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lot 184 of the 13th Land District of Rabun County, Georgia, containing 4.071 acres and being more particularly shown as Tract 1 on a plat of survey by V.T. Hammond dated December 5, 1993, which said plat is recorded in Plat Book 34 at page 154 in the real property records of Rabun County, Georgia;
(3) The said parcel is in the custody of the Department of Natural Resources and is held by the department's Division of Parks, Recreation, and Historic Sites as a part of Tallulah Falls State Park but is not operated as a part of the interpretation of the said park; and
WHEREAS:
(1) The State of Georgia is the owner of a certain tract of real property located in Baldwin County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in the 1st Land District, 319th General Militia District of Baldwin County, and containing approximately 205 acres as shown on a plat of survey prepared by R.E. Ogletree, Georgia Registered Land Surveyor No. 902, dated December, 1970, and being on file in the offices of the State Properties Commission;
(3) As authorized by Resolution Act 45, H.R. 77-212, approved April 13, 1971 (Ga. L. 1971, p. 820), said property was leased to the Milledgeville-Baldwin County Recreation Commission effective November 19, 1971, and said lease was assigned to Baldwin County effective January 24, 1994;
(4) No provision was included in the above-stated lease agreement allowing for the harvesting of timber on the leased property;
(5) Baldwin County is desirous of harvesting the timber on a portion of the leased property in order to make certain capital improvements to the property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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 appropriate 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.
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 competitive 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 Commission; 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 development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 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 appropriate instrument to the Hall County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, after the Department of Ju-

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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 further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 9.
That the above-described property shall be used solely for the purpose of housing a female 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.
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 above-described real property located in Tattnall County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14.
That the above-described real property may be conveyed by appropriate instrument to Ron Bell by the State of Georgia, acting by and through the State Properties Commission, for the consideration of the fair market value thereof but not less than $650.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 15.
That the authorization in this resolution to convey the above-described property to Ron Bell shall expire three years after the date that this resolution becomes effective.
SECTION 16.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Tattnall County and a recorded copy shall be forwarded to the State Properties Commission.

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ARTICLE IV
SECTION 18.
That the State of Georgia is the owner of the above-described improved real property located in Dougherty County and that, in all matters relating to the disposition by sale, lease, or exchange of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said disposition by sale, lease, or exchange, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's above-referenced real property replacement needs and need to provide permanent and adequate electrical service to Ossabaw Island. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real property for considerations which enable the Department of Natural Resources to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the State Properties Commission may permit any cash consideration received from said dispositions to be retained by the Department of Natural Resources and applied by it to the acquisition, construction, and equipping of such replacement facilities and the provision of permanent and adequate electrical service to Ossabaw Island; and, similarly, any in-kind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement and construction needs.
SECTION 19.
That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Natural Resources, to dispose of by sale, lease, or exchange, the record title of the State of Georgia in and to the above-described real property located in Dougherty County, Georgia, for a monetary consideration of not less than the fair market value of said improved real property, subject to the Board of Natural Resources declaring such property to be surplus to the needs of the department, and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources.
SECTION 20.
That the authorization in this resolution to convey the above-described real property shall expire three years after the date that this resolution becomes effective.
SECTION 21.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 22.
That the deed of conveyance of the real property shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE V
SECTION 23.
That the State of Georgia is the owner of the above-described real property located in Chatham County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 24.
That all or a portion of the above-described real property in Chatham County may be conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares all or a portion of the property surplus to its needs, for the consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 25.
That the authorization in this resolution to convey the above-described property to Chatham County shall expire five years after the date that this resolution becomes effective.

SECTION 26.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 27.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE VI
SECTION 28.
That the State of Georgia is the owner of certain reversionary interests in the above-described real property located in Douglas County and that in all matters relating to the conveyance of the real property reversionary interests the State of Georgia is acting by and through its State Properties Commission.

SECTION 29.
That the above-described real property reversionary interest to property located in Douglas County may be conveyed by appropriate instrument to Douglas County by the State of Georgia, acting by and through the State Properties Commission, for the consideration of Douglas County's acceptance of the responsibility of suppression of forest, grass, and wood fires in Douglas County after March 1, 1996, pursuant to an agreement between the Georgia Forestry Commission and the Douglas County Board of Commissioners dated February 6, 1996, and for the additional consideration of Douglas County's forgiving of annual payments made to the county by the Georgia Forestry Commission for the defraying of certain costs associated with said fire suppression responsibility in an amount equal to the fair market value of the improvements made to the property by the state and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 30.
That the authorization in this resolution to convey the above-described real property reversionary interest to Douglas County shall expire three years after the date that this resolution becomes effective.

SECTION 31.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 32.
That the deed 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 VII
SECTION 33.
That the State of Georgia is the owner of the above-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 34.
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 35.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said railroad crossing.
SECTION 36.
That Cobb County 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 railroad crossing.
SECTION 37.
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 leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 38.
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.
SECTION 39.
That if the State of Georgia, acting by and through its State Properties Commission, determines 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

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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 facilities 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 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 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 requesting such removal and at no cost and expense to the State of Georgia.
SECTION 40.
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 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 41.
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 42.
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 43.
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 44.
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 VIII
SECTION 45.
That the State of Georgia is the owner of the above-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.
SECTION 46.
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 ingress and egress in, on, over, under, upon, across, or through the easement area for the

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purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, 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 47.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.
SECTION 48.
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 49.
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 assigns, 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 50.
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, 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 the board of regents.

SECTION 51.
That if the State of Georgia, acting by and through its State Properties Commission, determines 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 facilities 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 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 requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 52.
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 53.
That the consideration for such easement shall be for $10.00 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 54.
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 55.
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 56.
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 DC
SECTION 57.
That the State of Georgia is the owner of the hereinafter described real property located in Hamilton County, Tennessee, and 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 58.
That the State of Georgia, acting by and through its State Properties Commission, may grant to the Norfolk Southern Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a railroad siding 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 siding 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. Said easement area is located in the City of Chattanooga, Hamilton County, Tennessee, and is represented on Western and Atlantic Railroad valuation map V4/S1A and is more particularly described as follows:
That portion and that portion only as shown in green on a preliminary drawing prepared by Norfolk Southern Railway dated February 9, 1999, being drawing no. TD1999-10 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.

WEDNESDAY, MARCH 24, 1999

2563

SECTION 59.
That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said railroad siding.
SECTION 60.
That CSX Transportation shall surrender its leasehold interest, if any, to the State of Georgia prior to the granting of the subject easement to the Norfolk Southern Corporation.
SECTION 61.
That the Norfolk Southern Corporation 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 railroad siding.
SECTION 62.
That, after the Norfolk Southern Corporation has put into use the railroad siding 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, the Norfolk Southern Corporation, 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 63.
That no title shall be conveyed to the Norfolk Southern Corporation and, except as herein specifically granted to the Norfolk Southern Corporation, all rights, title, and interest in and to said easement area are 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 Norfolk Southern Corporation.
SECTION 64.
That if the State of Georgia, acting by and through its State Properties Commission, determines 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 facilities 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 Norfolk Southern Corporation 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 Norfolk Southern Corporation. 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 expenses for the removal and relocation are paid by the party or parties requesting such removal at no cost and expense to the State of Georgia.
SECTION 65.
That the easement granted to the Norfolk Southern Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commis-

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sion 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 66.
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 interest of the State of Georgia.
SECTION 67.
That this grant of easement shall be recorded by the grantee in the Superior Court of Hamilton County, Tennessee, and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 68.
That the authorization in this resolution to grant the above-described easement to the Norfolk Southern Corporation shall expire three years after the date that this resolution becomes effective.
SECTION 69.
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 X
SECTION 70.
That the State of Georgia is the owner of the above-described improved real property located in Land Lot 184 of the 13th Land District of Rabun County and that, in all matters relating to the long-term leasing of said real property, the State of Georgia is acting by and through its State Properties Commission. In its handling of said long-term leasing, the State Properties Commission shall act for the benefit of the Department of Natural Resources.
SECTION 71.
That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Natural Resources and subject to the Board of Natural Resources requesting such action, to enter into a longterm lease of the above-described real property located in Land Lot 184 of the 13th Land District of Rabun County, Georgia, with a lessee or lessees selected by a competitive bid process for an initial term not to exceed 30 years with no more than two additional tenyear renewal terms with the State Properties Commission retaining the right to reject any and all bids and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Natural Resources. In its handling of said lease, the State Properties Commission shall act for the benefit of the Department of Natural Resources in fulfilling the department's needs with regard to Tallulah Falls State Park. Without limiting the foregoing, the State Properties Commission may remit any cash consideration received from said lease to the Department of Natural Resources and such shall be applied by the Department of Natural Resources to the acquisition, maintenance, repair, and equipping of real property, improvements, and facilities located at or on Tallulah Falls State Park.

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2565

SECTION 72.
That the authorization in this resolution to lease the above-described real property shall expire three years after the date that this resolution becomes effective.
SECTION 73.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 74.
That the lease of the real property or a memorandum for recordation thereof shall be recorded by the lessee or lessees in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE XI
SECTION 75.
That the State of Georgia is the owner of the above-described leased real property located in Baldwin County and that in all matters relating to the terms and conditions of said lease the State of Georgia is acting by and through its State Properties Commission.
SECTION 76.
That the above-described lease agreement between the State of Georgia and Baldwin County dated November 19, 1971, may be amended to provide:
"It is expressly understood and agreed that any cutting of trees or forest area or alteration of any natural resources now located on the premises shall first be approved in writing by the Georgia Forestry Commission. Lessee will submit to the Georgia Forestry Commission any plans that would affect any of the above-mentioned alterations. Within 14 days following the receipt by the Georgia Forestry Commission of such plans, the Georgia Forestry Commission, acting by and through its director or his or her designated representative, shall reasonably determine whether such plans might adversely affect the premises and shall notify lessee (1) of its objections, if any, to the plan; or (2) that it has no objection to such plans. Upon receipt of such notification containing any Georgia Forestry Commission's objections and following any appropriate discussion in good faith between the parties, lessee shall modify or revise such proposed plans as may be necessary to eliminate any remaining objections of the Georgia Forestry Commission. Lessor shall be sent copies of all the above correspondence by lessee. It is alsr agreed and understood that the Georgia Forestry Commission will be responsible for selling any timber or natural resources removed from the premises and that any money derived from the sale of any such timber or natural resources shall be used by Baldwin County solely for the capital outlay and improvement of the recreational facilities located or to be located on the premises. Any cost of reforesting will be assumed by lessee if such is required for good forestry management and does not interfere with the approved park development."
SECTION 77.
That the authorization in this resolution to amend the lease agreement shall expire three years after the date that this resolution becomes effective.
SECTION 78.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such amendment.

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SECTION 79.
That the amendment to the lease shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE XII

SECTION 80. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Rogers of the 20th moved that the House agree to the Senate substitute to HR 169.

On the motion, 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 Day Dean
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes
Ehrhart Y Epps Y Evans N Everett Y Felton Y Floyd
N Franklin Golick
Y Graves Y Greene N Grindley
Y Hammontree
Y Manner 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 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 N 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 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
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
West E Westmorland
Y Whitaker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 144, nays 7.
The motion prevailed.
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.

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The following Senate 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 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; to change the duties of superintendents relating to optical scanning systems and tabulators; to change provisions relating to testing and custody of systems 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.
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 scanning 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 tabulator shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once;

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(6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law;
(7) It shall be constructed of material of good quality in a neat and workmanlike manner;
(8) It shall, when properly operated, record correctly and accurately every vote cast;
(9) It shall be so constructed that an elector may readily learn the method of operating it; and
(10) It shall be safely transportable. 21-2-366.

The governing authority of any county or municipality may, at any regular meeting or at a special meeting called for the purpose, by a majority vote^ authorize and direct the use of optical scanning voting systems for recording and computing the vote at elections held in the county or municipality; and thcreBpea. If so authorized and directed, the governing authority shall purchase, lease, rent, or otherwise procure optical scanning voting systems conforming to the requirements of this part.
21-2-367.
(a) When the use of optical scanning voting systems has been authorized in the manner prescribed in this part, such optical scanning voting systems shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of optical scanning voting systems in any precinct, the use of paper ballots or other voting machines or apparatus therein shall be discontinued, except as otherwise provided by this chapter.
(b) In each precinct in which optical scanning voting systems are used, the governing authority shall provide at least one auch ayatcm 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 precincts 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.

WEDNESDAY, MARCH 24, 1999

2569

(b) The Secretary of State shall thereupon examine or reexamine such optical scanning voting system and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of optical scanning voting system so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the optical scanning voting system can be so used, the optical scanning voting system shall be deemed approved; and optical scanning voting systems of its kind may be adopted for use at primaries and elections as provided in this chapter.
(c) No kind of optical scanning voting system not so approved shall be used at any primary or election and if, upon the reexamination of any optical scanning voting system previously approved, it shall appear that the optical scanning voting system so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such optical scanning voting system shall thereafter be purchased for use or be used in this state. Every county or municipality which haa provi oualy purchaacd on optical aeanning voting system ahall submit such ayatcm to the Secretary of State for examination not later than January 1, 1000.
(d) When an optical scanning voting system has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the optical scanning voting system, or of its kind.
(e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any optical scanning voting system or in the manufacture or sale thereof.
21-2-369.
(a) The ballot labels 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 vision; provided, however, that red material shall not be used.
(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors.
(c) The form and arrangement of ballots shall be prescribed by the Secretary of State and prepared by the superintendent.
21-2-370.
arica, separate optical scanners shall be used for each political party. Reserved.
21-2-371.
(a) If ballot labclo 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 labcla 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 primary or election, in the same manner, as nearly as may be, as the official labels ballots. Such labcla ballots, so substituted, shall be known as unofficial ballot labola ballots.

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(b) If any optical scanning voting system being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another optical scanning voting system substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county or municipality may purchase as many extra optical scanning voting systems as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be uacd for the taking of votca. 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 material. 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 prescribed in this chapter for paper ballots.
21-2-373.
In elections, electors shall be permitted to cast write-in votes. The design of the ballot card shall permit the managers superintendents, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes.
21-2-374.
(a) The superintendent of each county or municipality shall cauac the proper ballot la bcla to be placed on each set of optical scanning voting equipment which ia to be uacd in any precinct within ouch county or municipality and shall cause each act 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 aupcrintondcnt ahall appoint one custodian of optical scanning voting systems and ouch deputy custodiana aa may be necessary, whoac duty it ahall be to prepare the optical ocanning voting ayatcma to be uacd in the county or municipality at the primaries and elections to be held therein. Each cuatodian and deputy cuatodian ahall receive from the county or municipality ouch compensation as ahall be fixed by the governing authority of the county or municipality. Such custodian ahall, under the di roction of the superintendent, have charge of and rcprcacnt the superintendent during the preparation of the optical acanning voting syatcma as required by thia chapter, and he or ahc and the deputy cuatodiana, whose duty it ahall be to aaoist him or her in the diaehargc of hia or her dutica, ohall serve at the pleasure of the aupcrintcndcnt. Each custodian ahall take an oath of office framed by the Secretary of State, which ahall be filed with the aupcrintcndcnt.
(e) On or before the third day preceding a primary or election, the superintendent shall have the optical scanners scanning tabulators tested to ascertain that thoy will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot carda ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical acanncr scanning tabulator to reject such votes. The optical

WEDNESDAY, MARCH 24, 1999

2571

acannor scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the scanner tabulator is approved. The same teat shall be repeated immediately before the start of the official count of the ballot carda and at the conclusion of auch count. The superintendent or euatodian ohall aloo prepare the optical scanning voting equipment for voting at the varioua polling placco to be uocd in the primary or election. In preparing the optical ocanning voting equipment, he or aho ahall arrange the optical scanning voting equipment and the ballot labels oo that they meet all requirements of voting and counting at auch primary or election, thoroughly inspect and tcot the optical scanning voting equipment, and file a certificate in the office of the superintendent that the equipment is in proper order with correct ballot labcla. 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, 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 io to be used at the primary or election, by any interested pcraona.

fe) 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 papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State.
21-2-375.

(a) The In counties using precinct count optical scanning tabulators, the superintendent 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 manner for use in voting. The aupcrintcndcnt shall place each set of optical scanning vot ing equipment in a voting booth so 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 injury 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 furnish for each act of optical scanning voting equipment at least one hour before the opening of the polls:
(1) A lamp which shall give sufficient light Provide sufficient lighting to enable electors, while in the voting booth, to read the ballot labcla, aed which lighting shall be suitable for the use of poll officers in examining the equipment; and the lamp ahall be prepared and booth; and such lighting shall be in good working order for uac before the opening of the polls;

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(2) Two atunplc ballota printed on a ainglc sheet of white paper or a number of sheets stapled together which ahull be a rcaaonablc facsimile of the ballot labcb as will be in uac in the primary or election and accompanied by directions for voting on the optical scanning voting equipment; and auch Prominently post directions for voting on the optical scanning ballot within the voting booth; at least two sample ballots in use for the primary or election shall be posted prominently outside the enclosed space within the polling place; sd
(3) A acal for acaling the optical scanning voting ayatcm after the polla arc eloacd aad Ensure that the precinct count optical scanning tabulator shall have a seal securing 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 required by law.
21-2-376.
During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more sets of optical ocanning voting equipment. Insofar aa practicable, the equipment shall contain the ballot labclo 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 custody of the optical scanning voting ayatcma tabulators of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the optical scanning voting ayatcmo tabulators.
(b) All optical scanning voting ayatcma 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 optical 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 provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the optical scanning voting systems.
21-2-379.
If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of optical scanning voting systems is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of optical scanning voting systems for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of optical scanning voting systems wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballota

WEDNESDAY, MARCH 24, 1999

2573

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 return thereof made in the manner required by law for auch nominations, offices, or questions, insofar aa paper ballots arc used for such method."
SECTION 2.
Said chapter is further amended by staking Code Section 21-2-386, relating to safekeeping, 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 unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and 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 information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board 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 absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked 'Official Absentee Ballot.' At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing.

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(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 ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precincts containing the county courthouse or polling place designated by the municipal superintendent. After the clooc of the polla on the day of the election, ouch manager with two assistant managers, appointed by the superintendent, with aueh clerks as the manager dccma necessary ahall count the nbacntcc ballots following the proecdurca proscribed by thia chapter for other ballots, insofar aa practicable, and prepare an election return for the county or municipality showing the rcaults of the absentee ballots cast in auch county or municipality. In those precincts in which vote recorders 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.
(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 aa prescribed above. In no event ahall the counting of the bal lota begin before the polla cloac. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality.
(e)(d) 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.
(B(e) 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, relating 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:

WEDNESDAY, MARCH 24, 1999

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(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 provided and complete the arrow. If you spoil your ballot, do not erase, but ask for a new ballot. Use only the pen or pencil provided.
(3) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of the persons inserted on the ballot by the elector shall be manually written only within the write-in section and the insertion of such names outside such section or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited."
SECTION 4.
Said chapter is further amended by striking Code Section 21-2-481, relating to the design, size, and stock of optical scanning ballots, and inserting in lieu thereof a new Code section to read as follows:
"21-2-481.

Ballots in a precinct using optical scanning voting equipment shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on white or colored material. A serially numbered strip shall be attached to each ballot 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 requirements 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 or in the case of counties using a central count tabulating system, in a separate envelope 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 deliver in the custody of at leaat two poll officers the ballot container and the envelope container, if applicable, to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location."

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SECTION 6.
Said chapter is further amended by striking subsection (a) of Code section 21-2-500, relating 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 superior court, to the county records manager or other office or officer under the jurisdiction 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 ballots 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 program 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 superior 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 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.

Representative Holmes of the 53rd moved that the House agree to the Senate substitute to HB 531.

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
Birdsong Y Bohannon Y Bordeaux Y Borders N Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn N Burkhalter Y Byrd N Callaway E Campbell N Cash Y Channell Y 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 Massey McBee McCall McCHnton McKinney Millar MiUs Mobley Morris Mosley Mueller O'Neal

Y Orrock Y Parham Y Parrish Y Parsons
Pelote Y Pinholster Y Poag
Ponder Porter Y Powell Y Purcell Y Ragas Randall Y Ray Y 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 Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

WEDNESDAY, MARCH 24, 1999

N Smith, B Smith, C
Y Smith, C.W Y Smith, L Y Smith, L.E Y Smith, P Y Smith, T Y Smith, V
Smyre N Snelling

Y Snow Y Squires Y Stallings Y Stancil Y Stanley, P Y Stanley-Turner Y Stephens Y Stokes Y Stuckey Y Tkylor

Teague Y Teper Y Tillman N Tolbert Y Trense Y Turnquest
Twiggs
Y Unterman Y Walker, L Y Walker, R.L

2577
Y Watson Y West E Westmoreland Y Whitaker Y Wiles N Williams, J
Williams, R Y Wix N Yates
Murphy, Spkr

On the motion, the ayes were 132, nays 18.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: 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.
Representative Walker of the 141st moved that the House insist on its position in disagreeing to the Senate amendment to HB 211 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Channell of the lllth and Parrish of the 144th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker:
The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate: SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.
The President has appointed as a Committee of Conference on the part of the Senate the following: Senators Ray of the 48th, Meyer von Bremen of the 12th and Lee of the 29th.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:

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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, counselors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
The Senate has agreed to the House amendment to the following bills of the Senate:
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 conditions and for certain purposes.
SB 262. By Senator Kemp of the 3rd:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to district attorneys, so as to create the honorary office of district attorney emeritus; to provide for qualifications of such office; to provide procedures to allow certain retired prosecuting attorneys to assist district attorneys or to be appointed district attorney pro tempore; to provide for compensation.
The Senate has agreed to the House substitute to the following bill of the Senate:
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 Annotated, 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 machines are available for commercial use and play by the public and their employees, agents, and representatives.
The Senate has agreed to the House amendment to the Senate amendment to the following bills of the House:
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.
HB 558. By Representatives Smith of the 103rd, Williams of the 114th, 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 Senate has agreed to the House substitutes to 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 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 pro-

WEDNESDAY, MARCH 24, 1999

2579

visions, relative to labor and industrial relations, so as to provide for accommodations to be provided for certain nursing mothers by employers.
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 authorize the board of corrections to set the salary of the commissioner subject to approval of the Governor.
The Senate has agreed to the House amendment to the following bill of the Senate:
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 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.
The Senate has agreed to the House substitutes to 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 battery, and disrespectful conduct toward teachers, administrators, other school personnel, other students, and persons attending school-related functions.
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 Annotated, relating to the billing of telephone subscribers for an 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, and certain other costs associated with the operation of an emergency "911" system.
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 provide 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 disclosures and ethics.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Walker of the 22nd, Dean of the 31st and Marable of the 52nd.

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The Senate recedes from its amendment to the following bill of the House:
HB 185. By Representatives Hanner of the 159th and Royal of the 164th:
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 Senate recedes from its substitute to the following bill of the House:
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.
The Senate has agreed to the House substitute to the following bill of the Senate:
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 Annotated, relating to notice of changes in taxpayer's return, so as to add provisions relating to the contents of such notice.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Marable of the 52nd, Walker of the 22nd and Dean of the 31st.
The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th 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 strategies, 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 Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:
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.

WEDNESDAY, MARCH 24, 1999

2581

The following Senate substitute was read:

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 regulate bail recovery agents; to authorize 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 recovery agents employed or contracted for by such bondsmen; to provide that 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 shall, prior to taking any action in his or her capacity as a bail recovery agent in that local police jurisdiction, notify 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 uniform identification cards for bail recovery agents and to require bail recovery agents to carry such identification cards while acting in the capacity as a bail recovery agent; to provide for penalties for bondsmen and for bail recovery agents; to require liability insurance coverage in a specified amount; to provide for civil liability for damages in certain circumstances; 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, relating to professional bondsmen, is amended by adding at the end thereof three new Code sections to read as follows:
"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 purpose 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 must 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 services 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

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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 a uniform 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 Section 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 otherwise unqualified to act as a bail recovery agent but who nonetheless attempts to apprehend or capture a principal on a bail bond or a fugitive or who succeeds in apprehending 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 punishable by imprisonment for not less than one nor more than five years.
(b) Any bondsman or bonding company owner, surety, or agent who hires a bail recovery agent who is not qualified to act as a bail recovery agent pursuant to Code Sections 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 punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both.
(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 violation of this subsection shall be punished upon conviction as a felony punishable by imprisonment for not less than one nor more than five years, or a fine of not more than $10,000.00, or both.
(d) A bail recovery agent shall be required to possess general liability insurance coverage in an amount of not less than $500,000.00 insuring each prospective licensee against personal liability for damages arising out of acts of the insured. No bail recovery agent shall cancel or cause to be canceled a general liability insurance policy issued pursuant to this subsection unless coverage will be provided by another policy without any lapse in coverage. A bail recovery agent shall be required to carry a certificate of such insurance while acting in the capacity of a bail recovery agent.
(e) A bail recovery agent who enters the wrong property, causes damage to said property, or causes injury to anyone thereon is liable for all damages."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jones of the 71st, Randall of the 127th, Shipp of the 38th and Williams of the 114th move to amend the Senate substitute to HB 80 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:

WEDNESDAY, MARCH 24, 1999

2583

"To amend Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to 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 regulate bail bond recovery agents; to".
By striking lines 21 and 22 of page 1 and inserting in lieu thereof the following:

"for bail recovery agents; to provide for civil".
By striking lines 27 through 29 on page 1 and inserting in lieu thereof the following:
"Article 2 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to sureties, is amended by striking subsection (a) of Code Section 17-6-30, relating to fees of sureties, 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 40 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 1.1.
Said article is further amended by adding at the end of Part 2, relating to professional bondsmen, three new".
By striking line 36 of page 3 through line 3 of page 4.
By striking the designation "(e)" on line 4 of page 4 and inserting in lieu thereof the designation "(d)".

Representative Jones of the 71st moved that the House agree to the Senate substitute, as amended by the House, to HB 80.

On the motion, 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

Y Cox N Crawford Y Cummings N Davis, M
Y Davis, T Day
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 N Franklin Y Golick Y Graves Y Greene Y Grindley Y Hammontree
Hanner Y Harbin N Harrell
Y Heard
Hecks tall N 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
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 N 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

Y Sanders Y Sauder Y Scarlett Y Scheid Y Scott
Y Shanahan
N Shaw Y Shipp Y Sholar
Sims
Y Sinkfield
Y Skipper Y Smith, B Y Smith, C Y Smith, C.W
N Smith, L 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 N Stokes
N Stuckey
Y Taylor

2584
Teague Y Teper Y Tillman Y Tolbert

JOURNAL OF THE HOUSE

Y Trense Y Turnquest
Twiggs Y Unterman

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

E Westmorland Y Whitaker Y Wiles Y Williams, J

Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 134, nays 17.
The motion prevailed.
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 Senate amendment was read:
Amend HB 210 by amending Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-9-101 of the Official Code of Georgia Annotated, relating motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:
"(G) Until December 31, 1908 2000, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 499? 1998."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Powell of the 23rd moves to amend the Senate amendment to HB 210 by adding at the end thereof the following:
"By striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
'To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to change certain provisions relating to motor vehicle sales financing and ticket scalping; to amend the provisions of said chapter relating to motor vehicle sales'.
By adding after the word and symbol 'transactions;' on line 10 of page 1 the following:

WEDNESDAY, MARCH 24, 1999

2585

to amend the provisions of said chapter 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 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 for the applicability of said provisions to acts occurring before July 1, 2002;'. By striking lines 15 through 17 of page 1 and inserting in lieu thereof the following:
'Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended in Article 2, relating to motor vehicle sales financing, by striking paragraphs (1) and (13) of. By striking line 15 of page 2 and inserting in lieu thereof the following:
'Said chapter is further amended in said article by adding between Code'. By striking line 33 of page 2 and inserting in lieu thereof the following:
'Said chapter is further amended in said article by striking Code Section'. By striking line 38 of page 3 and inserting in lieu thereof the following:
'Said chapter is further amended by adding at the end of said article'. By redesignating Sections 5 and 6 as Sections 6 and 7, respectively. By adding between lines 16 and 17 of page 4 the following:
'SECTION 5. Said chapter is further amended in Article 12, relating to ticket scalping, by striking Code Section 10-1-310, regarding 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 charitable organization.
(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 bro-

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JOURNAL OF THE HOUSE

ker 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.
(b) Except as provided in paragraphs (1) and (2) of subsection (h) 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 in this state, 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;
(3) Register for sales and use tax purposes pursuant to Article 1 of Chapter 8 of Title 48; and
(4) 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) No person shall engage in the practice or business of a ticket broker, or be employed as general manager for a person engaged in the practice or business of a ticket broker, who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored.
(f) The ticket broker shall be required to:
(1) Post at its established place of business the terms of 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

WEDNESDAY, MARCH 24, 1999

2587

(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.
(g)(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 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) Unless otherwise provided in a written agreement between a ticket broker and the purchaser, 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.
(h)(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 such tickets within 200 feet of a ticket office for such a contest or event or a public entrance to such a contest or event.
(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.
(i) 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.
(j) The provisions of this Code section shall apply only with respect to acts occurring on or after the effective date of this Code section and before July 1, 2002."'".
Representative Walker of the 141st moved that the House agree to the Senate amendment, as amended by the House, to HB 210.

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JOURNAL OF THE HOUSE

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

Y Alien Y Anderson Y Ashe
Bailey Y Bannister
Barnard
Barnes Benefield Y Birdsong Y Bohannon
Bordeaux
N Borders Y Bridges
Y Brooks Y Brown
Y Buck
Y Buckner
Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell 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 Y Dean
Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon
Dodson Dukes Y 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
Heckstall
Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Irvin
Jackson, B Jackson, L
Y James Y Jamieson Y Jenkins
N 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
Massey
Y McBee Y McCall Y McClinton
McKinney
Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y (yNeal 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 Reaves
N Reece Y Reed N Reese Y Reichert Y Rice Y Richardson
Roberts 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 N 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 Snow
Y Squires N Stallings Y Stancil
Stanley, P N Stanley-Turner N Stephens Y Stokes N Stuckey Y Taylor
Teague
N Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs N 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 Yates
Murphy, Spkr

On the motion, the ayes were 130, nays 14.
The motion prevailed.
Representative Massey of the 86th 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 Jackson of the 148th 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 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 Senate 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 change certain penalty provisions applicable to the offense of contributing to the delinquency, unruliness, or deprivation of a minor; to define the crime of computer pornography; to provide a short title; to define a certain term; to make it unlawful for any person intentionally or will-

WEDNESDAY, MARCH 24, 1999

2589

fully 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 make it unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Act, knowing that such person intended to commit a violation; to provide that the sole 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 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 striking subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in lieu thereof the following:
"(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 leoa than $200.00 nor more than $600.00 $1,000.00 or shall be imprisoned for not leas than one month nor more than five 12 months, or both fined and imprisoned; and
(3) Upon conviction of the second offcnac, the defendant shall be guilty of a miadc mcanor and shall bo fined not leas than $400.00 nor more than $1,000.00 or ahall be imprisoned for not leaa than three montha nor more than one year, or both fined and imprisoned; and
(&K2) 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.
Said part is further 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.'
(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 intentionally or willfully:

2590

JOURNAL OF THE HOUSE

(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 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 intentionally or willfully 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 16-6-2, 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)(l) It shall be unlawful for any owner or operator of a computer on-line service, Internet service, or local bulletin board service intentionally or willfully to permit a subscriber to utilize the service to commit a violation of this Code section, knowing that such person intended to utilize such service to violate 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.
(e) The sole 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.
(f) 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.
(g) Any violation of this Code section shall constitute a separate offense."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Twiggs of the 8th moved that the House agree to the Senate substitute to HB 213.

WEDNESDAY, MARCH 24, 1999

On the motion, 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 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
Evans Y Everett
Felton Y Floyd
Franklin Y Golick Y Graves Y Greene Y Grindley N Hammontree Y Hanner
Y Harbin
Y Harrell
Y Heard Hecks tall
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 Jackson, L
Y James
Jamieson
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 Y Massey
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
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

2591
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 motion, the ayes were 144, nays 1.
The motion prevailed.
Representative Hammontree of the 4th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 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.
Representative Scarlett of the 83rd moved that the House adhere to its position in substituting SB 83 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.

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JOURNAL OF THE HOUSE

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buck of the 135th, Royal of the 64th and Scarlett of the 174th.
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 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.
Representative Holmes of the 53rd moved that the House insist on its position in disagreeing to the Senate substitute to HB 530 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Holmes of the 53rd, Watson of the 70th and Hudson of the 120th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators James of the 35th, Tate of the 38th and Ray of the 48th.
The Senate has agreed to the House amendment to 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".
The Senate has agreed to the House substitute to the following bill of the Senate:

WEDNESDAY, MARCH 24, 1999

2593

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 Georgia Emergency Management Agency; to change provisions regarding the subscribers from whom a monthly wireless enhanced "911" charge may be collected.
The Senate has agreed to the House amendment to the Senate substitute to the following bill of the House:
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.
The Senate recedes from its amendment to the following bill of the House:
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 Annotated, relating to the use of safety belts in passenger vehicles so as to provide that the failure to use a safety belt in a motor vehicle designed primarily for on-road use shall not be considered by a finder of fact evidence of negligence or causation.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments or substitutes thereto: 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.
The following Senate amendment was read:
Amend HB 230 by striking line 3 of page 1 and inserting in lieu thereof the following:
"Chapters 6, 9, and 11 of Title 19 of the Official Code of. By striking line 5 of page 1 and inserting in lieu thereof the following:
"generally, child custody, and enforcement of the duty to support,". By striking line 17 of page 1 and inserting in lieu thereof the following:
"hearings and appeals; to provide that in child custody proceedings a court shall not refuse to consider otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence; to authorize ordering supervised visitation; to provide for an effective date; to".

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JOURNAL OF THE HOUSE

By inserting between line 1 and line 2 of page 3 the following:
"Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody, is amended in Code Section 19-9-1, relating to determination of child custody, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination; and
(D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.'

SECTION 4. Said chapter is further amended in Code Section 19-9-3, relating to determination of child custody, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following:
'(3) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7.'
SECTION 5." By renumbering Sections 4, 5, and 6 as Sections 6, 7, and 8, respectively.
The following amendment was read and adopted:
Representative Stuckey of the 67th moves to amend the Senate amendment (AM 22 0626) to HB 230 by striking all matter beginning with line 3 of page 1 and ending with line 3 of page 3 and inserting in lieu thereof the following: "Amend HB 230 by striking line 3 of page 1 and inserting in lieu thereof the following:
'Chapters 6, 9, and 11 of Title 19 of the Official Code of. By striking line 5 of page 1 and inserting in lieu thereof the following:
'generally, child custody, and enforcement of the duty to support,'. By striking line 17 of page 1 and inserting in lieu thereof the following:
'hearings and appeals; to provide that in child custody proceedings a court shall not refuse to consider otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence; to authorize ordering supervised visitation; to provide for an effective date; to'. By inserting between line 1 and line 2 of page 3 the following:
'Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody, is amended in Code Section 19-9-1, relating to determination of child custody, by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:

WEDNESDAY, MARCH 24, 1999

2595

"(2) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;
(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; aad
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determinationv; and
(D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7."

SECTION 4.
Said chapter is further amended in Code Section 19-9-3, relating to determination of child custody, by striking paragraph (3) of subsection (a) and inserting in lieu thereof the following:

"(3) In addition to other factors that a court may consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;
(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the circumstances shall not be deemed an abandonment of the child or children for the purposes of custody determinationr; and
(D) The court shall not refuse to consider relevant or otherwise admissible evidence of acts of family violence merely because there has been no previous finding of family violence. The court may, in addition to other appropriate actions, order supervised visitation pursuant to Code Section 19-9-7."

SECTION 5.' By renumbering Sections 4, 5, and 6 as Sections 6, 7, and 8, respectively."

Representative Stuckey of the 67th moved that the House agree to the Senate amendment, as amended by the House, to HB 230.

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 Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges
Y Brooks

Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter
Y Byrd

Y Callaway E 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

2596
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 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
Heckstall Y Hegstrom Y Hembree

JOURNAL OF THE HOUSE

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
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 Parham Parrish
Parsons Pelote Pinholster Poag Ponder Porter Powell
Purcell Ragas Randall Ray Reaves
Reece 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 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
Smyre Snelling Y 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 motion, the ayes were 160, nays 0.
The motion prevailed.
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 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".
The following Senate substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to authorize certain private persons regulated by the state revenue commissioner to access certain records relating to motor vehicles under specific circumstances; to change certain provisions relating to exclusion of certain older vehicles from title requirements; to change the provisions relating to the penalty for failure to appear in a traffic case; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (43) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereof the following:
"(43) 'Person' means every natural person, firm, copartnership partnership, association, e corporation, or trust."

WEDNESDAY, MARCH 24, 1999

2597

SECTION 2.
Said title is further amended in Code Section 40-2-130, relating to records of certificates of registration of motor vehicles, by striking the word "and" at the end of paragraph (7) of subsection (c), by striking the symbol "." at the end of paragraph (8) of said subsection and inserting in lieu thereof the symbol and word "; and", and by adding a new paragraph (9) to read as follows:
"(9) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided further, that the information made available pursuant to this subsection for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount of tax owed."

SECTION 3.
Said title is further amended by striking subparagraph (A) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph (A) to read as follows:
"(14XA) A vehicle, other than a mobile home or crane, the model year of which is 16 or more model years old prior to 1986. For purpoaca of thio aubparagraph, a model year begins on September 1 of each year."
SECTION 4.
Said title is further amended by striking Code Section 40-13-63, relating to the penalty for failure to appear in traffic cases, and inserting in lieu thereof the following:
"40-13-63.

The willful failure of any person to appear in accordance with feis the written promise contained on the citation and complaint and served upon te such person shall constitute an offense which shall be punishable by fine in an amount not to exceed $60.00 $200.00 or by confinement in jail for a period not to exceed three days."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 23rd moved that the House agree to the Senate substitute to HB 421.

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 Y Brown Y Buck
Buckner Y Bulloch

E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell
Y Childers Y 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

2598
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
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Houston Y Howard Y Hudgens Y Hudson, H Y Hudson, N

JOURNAL OF THE HOUSE

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 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
Randall Ray Reaves Reece Reed Reese Reichert 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 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 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
Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 157, nays 0.
The motion prevailed.
Representatives Stanley of the 50th and Stanley of the 49th 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 214. By Representative Martin of the 145th:
A resolution designating a portion of State Highway 121 as the "William Lovel Lanier, Sr., Highway".
The following Senate substitute was read:
A RESOLUTION
Designating a portion of State Highway 121 as the "William Lovel Lanier, Sr., Highway"; designating the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, as the "Dewey Pendley Bridge"; designating the "Jondelle Johnson Drive"; and for other purposes.
PART 1 WHEREAS, William Lovel Lanier, Sr., was born in 1927 in Metter, Candler County, Georgia. During his lifetime, he has excelled at being a farmer, poultryman, teacher, state legislator, administrator, U.S.D.A. executive, and conservationist. Now retired from some of these jobs, and also a retired Navy veteran of World War II, he enjoys his family, his church, and his community; and WHEREAS, Mr. Lanier is truly a renaissance man, whose contributions to the people of this state and particularly to the farming community can never be fully catalogued; and WHEREAS, as a member of the General Assembly for 12 years, Mr. Lanier was instrumental in the passage of many needed farm and consumer protection bills. He held many leadership positions and never faced an incumbent; the people of his district knew excellence when they saw it; and

WEDNESDAY, MARCH 24, 1999

2599

WHEREAS, Mr. Lanier has always shown strong and respected leadership and a great love for his community and his state in all he did, and his work contributed to so much, including the creation of Georgia Highway 121, a crucial "farm to market" route; and
WHEREAS, his years of public service leave a wonderful legacy for the people of southeast Georgia; and
WHEREAS, given his many contributions, it is only fitting and proper that William Lovel Lanier, Sr., be honored by so naming the portion of State Highway 121 that runs through that portion of Candler County described herein.
PART 2
WHEREAS, Dewey Pendley is a family man who along with his wife Louise raised two wonderful children and who found time to contribute to the betterment of his community through a generous life of public service; and
WHEREAS, Mr. Pendley was mayor of Hiram for 21 years and a city councilman for several years before that. He has a talent for managing people and discovering new solutions to old problems, and as mayor he used his talents to propel Hiram in new directions; and
WHEREAS, Mr. Pendley oversaw the development of the Hiram City Civic Complex and numerous recreational facilities, raising the quality of life for all citizens of Hiram; and
WHEREAS, given his dedication to public service and his many contributions to the growth and prosperity of Hiram and its citizens and his kind heart, it is only fitting and proper that Dewey Pendley be honored by so naming the bridge on Georgia Highway 92 at Grays Mill Creek.
PARTS
WHEREAS, Jondelle Harris Johnson was a wife, mother, writer, educator, and a political and civil rights leader; and
WHEREAS, for more than 30 years she was a moving force in the Atlanta community; and
WHEREAS, it is only fitting and proper than Jondelle Harris Johnson be appropriately recognized by the State of Georgia for her unsurpassed service.
PART 4
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 121 which starts at the northern city limits of Metter in Candler County, Georgia, and travels north to the Candler County line shall be designated the "William Lovel Lanier, Sr., Highway" in honor of the many contributions made by Mr. Lanier to that area of our great state, and that the bridge on Georgia Highway 92 at Grays Mill Creek in Hiram, Georgia, is designated the "Dewey Pendley Bridge" in honor of the many contributions Mr. Pendley made to his community and to our great state, and that portion of SR 3 (US 41/US 19) also known as Northside Drive extending 2.7 miles from Bankhead Highway to Ralph David Abernathy Blvd. in the City of Atlanta as the "Jondelle Johnson Drive."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the highway and bridge and drive.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of William Lovel Lanier, Sr., to Dewey Pendley, to the family of Jondelle Harris Johnson, and to the Department of Transportation.

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JOURNAL OF THE HOUSE

Representative Martin of the 145th moved that the House agree to the Senate substitute to HR 214.

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

Y Alien Y Anderson
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
E Bunn Y Burkhalter Y Byrd Y Callaway E 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
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
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 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
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
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
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
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 motion, the ayes were 154, nays 0.
The motion prevailed. 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.
The following Senate 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, group day-care homes, family day-care homes, and child-caring institutions, so as to provide that no person may be employed at such a center without a satisfactory preliminary records check or satisfactory state and national fingerprint records check determinations within the previous 12

WEDNESDAY, MARCH 24, 1999

2601

months; to provide that no person may be hired as or continue to serve as director without a satisfactory state and a pending national fingerprint records check; to provide for procedures related to license applicants, licensed centers, centers applying for licensure after expiration of a license, and centers which have changed directors; to provide for definitions; to provide for fees; to provide for exceptions to certain requirements for certain persons residing in family day-care homes, for emergency temporary employees, and for persons whose unsatisfactory determinations have been reversed; to provide for related matters; 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.
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 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 bureau records and fingerprints."
"(18.1) 'State fingerprint records check determination' means a satisfactory or unsatisfactory 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 furnish 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 department, that within the immediately preceding 12 months the director received a aatiafactory received satisfactory state and national fingerprint records check dctcrmi nation 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 either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department ahall may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each rcoorda chock application and preliminary records

2602

JOURNAL OF THE HOUSE

check application submitted thereto by the department, and the department ahull make a written determination baaed upon that rocordo cheek. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks."
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 unsatisfactory 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 regarding whether the department's determination as to that person's preliminary state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to the director and each employee of an applicant's facility has applied for a preliminary records check determination and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check 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 pro liminary state and national fingerprint records cheek checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was unsatisfactory as to any employee of an applicant'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 or as permitted by the provisions of subsection (c) of Code Section 49-5-69."
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 ioouing a liccnoe baocd upon a oatiofaotoiy preliminary rccordo chock dctcrmina tion of the director and after each employee has applied for a preliminary recorder cheek determination under Code Section 10 6 63, the The department shall transmit to GCIC both sets of fingerprints and the records search fee from that diroctor'o 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 W 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

WEDNESDAY, MARCH 24, 1999

2603

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 applicant as to whether that records check was satisfactory or unsatisfactory. If the national 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 determination and proceed under the requirements of Code Sections 49-5-62 through 49-564 and this Code section to obtain a preliminary records check obtain state and national fingerprint records check determination determinations for the newly designated director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements 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 comply with Code Section 49-5-63 regarding employees other than the director receive a satisfactory preliminary records cheek determination for all employees."

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 liecnac iaauod prior to July 1, 1086, the Each center te which such liccnac waa iaaucd shall be required to obtain a separate license for each of the center's existing facilities and shall have a separate director for each ouch facility center. An existing facility whose liecnoc 30 expires may bo iosucd a liccnoc when that center submits evidence, aatiafactory to the department, that the director haa received a oatiafactory preliminary records check and has applied for a fingerprint check and all employees have applied for preliminary rccorda chocka. After receiving thoac applications, the department shall proceed to have made records check determinations baaed upon ouch applications and the facility may only retain a liecnac under the conditions and procedures provided in Code Sections 49 5 62 through 40 6'66. Any dircc tor or employee who haa received a satisfactory rccorda check determination within the immediately preceding 12 month period may aubmit evidence to the department of that determination in lieu of rcapplication for a records check determination. The do partmcnt may accept the previous aatiafactory determination unlcaa it haa rcaaon to believe that the applicant has a criminal record subsequent to the last records chock determination. A liecnac may only be issued if the facility otherwise qualifica for a li ccnac purauant to Article 1 of this chapter. Any new facility in thia state first owned

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JOURNAL OF THE HOUSE

or operated on or after July 1, 1085, by a center already liccnocd in thin state ahall be
required to have a new license iaaucd purauant to Code Sections 40 6 61 through 40.6-
6Sr"

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 provide 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 and submit them to the department.
(b) As an exception to the requirements set out in this article for employees of centers, a center may hire emergency temporary employees in order to avoid noncompliance with staffing requirements for centers required by law, rule, or regulation. An emergency temporary employee may start working immediately 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 center maintains an affidavit and supporting documents in the employee's personnel file stating that the emergency temporary employee applied for a preliminary records check with a local law enforcement agency before the employee began work and the date that the preliminary records check was received from the local law enforcement agency. The employee's personnel file shall be available to the department for inspection. 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 designated 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 notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determination haa determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a satisfactory state and national fingerprint records check deter

WEDNESDAY, MARCH 24, 1999

2605

niination 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 reversed, 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 determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after 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 application is so received, unless the department has within the immediately preceding 12 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 aad 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 procedures after notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check tat4 determination for that director as provided in Code Sections 49-5-64 and 49-5-65. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. 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 center after that facility center has received a license, that facility center shall require that person to furnish to the department obtain a satisfactory preliminary records check application. The department shall, under the proccdurca of Code Scctiona 49 6 62 and 40 6 63, make a preliminary records check determination and send notice thereof to the facility and employee. The center shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. 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 either such potential employee has obtained satisfactory state and national fingerprint records check deter-

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JOURNAL OF THE HOUSE

minations or has had the unsatisfactory preliminary or fingerprint records check determination reversed in accordance with Code Section 49-5-73. If the either the preliminary or state or national fingerprint records determination is unsatisfactory, the facility center shall, after receiving 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 determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section.

(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 aatiafactory 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 purposes, when an unsatisfactory preliminary records check is received, when the department 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, 1986, 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 determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proof that an unsatisfactory determination has been reversed in accordance with Code Section 49-573.

(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.
Said article is further amended inserting in Code Section 49-5-69.1, relating to fingerprint and preliminary records checks for foster care homes; notice of results; violations; and foster parents known to have criminal records, a new subsection to be designated subsection (e) to read as follows:

"(e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation 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 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnard of the 154th moved that the House agree to the Senate substitute to HB 30.

On the motion, 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

Birdsong Y Bohannon Y Bordeaux Y Borders

Y Bridges Brooks
Y Brown Y Buck

Buckner Y Bulloch E Bunn Y Burkhalter

Y Byrd Y Callaway E 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
Ehrhart Y Epps
Evans
Y Everett Y Felton
Floyd
Y Franklin

WEDNESDAY, MARCH 24, 1999

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
Hudgens Y Hudson, H Y Hudson, N
Hugley
Irvin
Y Jackson, B Y Jackson, L Y James Y Jamieson Y Jenkins Y Jennings
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
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 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
Smith, C.W
Y Smith, L
Y Smith, L.R Y Smith, P Y Smith, T Y Smith, V

2607
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
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 motion, the ayes were 152, nays 0.
The motion prevailed. 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.
The following Senate amendments were read:

Senate Amendment No. 1 Amend HR 437 by inserting on line 1 of page 1, before the word "and", the following:
"designating the Al Holloway Interchange;". By inserting immediately following line 33 of page 1 the following: "BE IT FURTHER RESOLVED that the intersection of Georgia Highway 82 and the Liberty Bypass in Dougherty County is designated the Al Holloway Interchange, and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the interchange."

Senate Amendment No. 2 Amend HR 437 by inserting immediately preceding the semicolon on line 1 of page 1 the following:
"and designating a certain bridge in the City of Dallas as the Foster Family Bridge". By adding between lines 30 and 31 of page 1 the following:

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JOURNAL OF THE HOUSE

"BE IT FURTHER RESOLVED that the bridge over the Norfolk-Southern Railway on Ga. 61 in the City of Dallas is designated the Foster Family Bridge in honor of T. J. Foster and certain of his family members."
By inserting immediately preceding the period on line 33 of page 1 the following:

"and bridge as provided in this resolution".

Senate Amendment No. 3
Amend HR 437 by inserting on line 1 of page 1 following the word and symbol "Highway;" the following: "designating the Charles Durst Memorial Highway;"
By inserting immediately following line 25 of page 1 the following: "WHEREAS, Charles Durst was born on September 19, 1929, and sadly passed away on March 6, 1998. He served with great honor as sheriff of Toombs County from 1976 through 1998; and WHEREAS, Charles Durst deservedly received the Lyons - Toombs County Citizen of the Year Award in 1982. He was loved and admired by the people of his community and by his fellow peace officers throughout the State of Georgia; and WHEREAS, a lifelong resident of Toombs County with his wife Bobby and two children, Charles Durst made his community a better and safer place to live, work, and worship. For that, his fellow citizens will be forever in his debt."
Senate Amendment No. 4
Amend HR 437 by inserting on line 1 of page 1 following the word and symbol "Highway;" the following:

"to designate the official state transportation history museum;" By inserting immediately following line 2 of page 2 the following:

"BE IT FURTHER RESOLVED that the Southeastern Railway Museum in Duluth, Georgia, is designated as the official state transportation history museum. The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes."

Representative Morris of the 155th moved that the House agree to the Senate amendments to HR 437.

On the motion, 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

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 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
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 Y Ponder
Y Porter
Y Powell Y Purcell
Y Ragas Randall
Y Ray Y Reaves Y Reece

WEDNESDAY, MARCH 24, 1999

2609

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
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 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 motion, the ayes were 160, nays 0.
The motion prevailed. 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 Annotated, relating to general provisions regarding health, so as to provide for legislative findings and intent; to establish an advisory committee on newborn infants and provide for its selection, compensation, powers, qualifications, and duties.
The following Senate amendments were read:
Senate Amendment No. 1 Amend HB 717 by striking line 13 of page 1 and inserting in its place the following:
"efforts; 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 immunity from liability; to provide for statutory construction; to provide for automatic repeal and expiration of licenses; to provide for effective dates; to repeal conflicting". By inserting between lines 39 and 40 of page 5 the following:
"SECTION 1.1. 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 Volunteers 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

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JOURNAL OF THE HOUSE

(2) Is retired from the practice of medicine and not currently engaged in such practice either full time or part time 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 medical services only to indigent patients in medically underserved or critical-need population 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 prescribed by the board, whereby he or she agrees unequivocally not to receive 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 surgical procedure.
(i) This Code section, being in derogation of the common law, shall be strictly construed.'"
By striking "This" on line 41 of page 5 and inserting "Section 1 of this".
By adding "Section 1 of immediately preceding "this Act" on lines 42 and 43 of page 5.
By striking line 4 of page 6 and inserting in its place the following:
"Section 1 of this Act for which funds are not specifically appropriated. The remainder of this Act shall become effective July 1, 1999.
SECTION 2.1.
Section 1.1 of this Act shall be automatically repealed July 1, 2002, upon which date any special license issued pursuant to Section 1.1 of this Act shall also expire."
Senate Amendment No. 2
Amend HB 717 by adding between lines 12 and 13 of page 3 the following:
"The advisory committee on hearing in newborn infants shall present its findings and recommendations to the Board of Human Resources. Said board shall consider the findings and recommendations of such advisory committee in the adoption of rules and regulations for purposes of such screening."

WEDNESDAY, MARCH 24, 1999

2611

By striking line 6 of page 4 and inserting in its place the following:
"established by rule and regulation of the Board of Human Resources after review of any recommendations of the advisory committee on hearing in".
Senate Amendment No. 3
Amend HB 717 by striking lines 4 through 6 of page 3 and inserting in their place the following:
"based. An audiologist licensed pursuant to Chapter 44 of Title 43 shall perform such screening and a person not licensed as an audiologist may perform such screening provided such screening by the unlicensed person is performed pursuant to the exception in subsection (h) of Code Section 43-44-7;".
By striking lines 13 through 23 of page 3 and inserting in their place the following:
"(2) The advisory committee on hearing in newborn infants shall consist of at least 11 members who shall be appointed by the director of the Division of Public Health of the Department of Human Resources. Such advisory committee shall be a joint subcommittee of:
(A) The Maternal & Infant Health Council; and
(B) The State Interagency Coordinating Council for Early Intervention.
There shall be one member from each of these councils on the advisory committee. Members appointed to the committee shall have training, experience, or interest in the area of hearing conditions of children and shall include at least one audiologist, one pediatrician, one hospital administrator from a hospital which offers perinatal services, one deaf or hard of hearing adult, and one parent parent of a deaf or hard of hearing child. In addition, the Speaker of the House of Representatives shall appoint one member from the House of Representatives, and the President of the Senate shall appoint one member from the Senate to serve on the advisory committee."
The following amendment was read and adopted:
Representative Harrell of the 62nd moves to amend Senate Amendment No. 3 to HB 717 by striking the quotation marks on line 33 of page 1 and adding immediately thereafter the following:
"By adding after 'efforts;' on line 13 of page 1 the following:
'to amend Code Section 43-44-7 of the Official Code of Georgia Annotated, relating to licensing of speech-language pathology and audiology, so as to provide for an exemption for certain infant screening;'.
By adding between lines 39 and 40 of page 5 the following:
'SECTION 1.1.
Code Section 43-44-7 of the Official Code of Georgia Annotated, relating to licensing of speech-language pathology and audiology, is amended by adding at the end a new subsection to read as follows:
"(h) A person who is not licensed as an audiologist may perform nondiagnostic electrophysiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification of communication disorders in infants under the age of three months, provided that:

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JOURNAL OF THE HOUSE

(1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter;

(2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist;

(3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as 'pass or fail' or 'pass or refer;'

(4) An audiologist licensed under this chapter is responsible for the training of the person not licensed au an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and

(5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic infor-
mation; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation."'"

Representative Harrell of the 62nd moved that the House agree to Senate amendments No. 1 and No. 2. The House agrees to Senate Amendment No. 3 as amended by the House, to HB 717.

On the motion, 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
Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell 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 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
Hammontree 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
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
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
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

Scott Y Shanahan Y Shaw Y Shipp Y Sholar
Sims
Y Sinkfield Y Skipper Y Smith, B Y Smith, C
Smith, C.W
Y Smith, L
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
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 24, 1999

Y Walker, L Walker, R.L
Y Watson

Y West Y Westmoreland Y Whitaker

Y Wiles Y Williams, J Y Williams, R

2613
Y Wix Y Yates
Murphy, Spin-

On the motion, the ayes were 154, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same: 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.
Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate amendment to HB 256 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 47th, Reichert of the 126th and Stuckey of the 67th.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SB 148. By Senators Fort of the 39th, Scott of the 36th, Brown of the 26th and
others: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that certain motor vehicles shall be contraband and shall be forfeited; to provide for seizure and condemnation of such motor vehicles; to provide for practices, procedures, and requirements relative to the seizure, forfeiture, and disposal of such motor vehicles; to provide for exceptions; to provide for notices; to provide for disposition of proceeds; to provide for security interests and other interests in such motor vehicles and the proceeds derived therefrom.
The following Senate amendment was read:
Amend the House substitute to SB 148 by striking lines 5 and 6 of page 1 and inserting in lieu thereof the following:
"previous violations of Code Section 16-0-12, relating to pandering, where a motor vehicle is used to violate said Code Section 16-6-12 a third time in five years, shall". By striking lines 17 through 24 of page 3 and inserting in lieu thereof:
"(c)(l)Any motor vehicle operated by a person who has been convicted of or pleaded nolo contendere for two previous violations of code Section 16-6-12 involving a motor vehicle within a five-year period and who is convicted or pleads nolo contendere to a third violation of Code Section 16-6-12 involving a motor vehicle within the same

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JOURNAL OF THE HOUSE

five-year period is declared to be contraband and subject to forfeiture to the state, as provided in this Code section, provided that said forfeiture shall not be absolute unless the defendant is convicted of said offense.

(2) For the purpose of this subsection a violation of Code Section 16-6-12 involving a motor vehicle shall mean a violation of Code Section 16-6-12 in which a motor vehicle is used to violate said Code section or in which the violation occurred.".

Representative Martin of the 47th moved that the House agree to the Senate amendment to the House substitute to SB 148.

On the motion, 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 Conn ell Cooper Cox
Crawford
Cummings
Davis, M

Y Davis, T Y Day
Dean Y DeLoach, B
DeLoach, G Y Dix Y Dixon Y Dodson Y Dukes
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
Heckstall
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
Lucas Y Maddox Y Mann Y Manning Y Martin, J N Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley
Mueller Y OTSIeal Y Orrock Y Parham Y Parrish Y Parsons

Pelote Pinholster Poag Ponder Porter Powell
Purcell Ragas Handall
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 motion, the ayes were 145, nays 7.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 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 au-

WEDNESDAY, MARCH 24, 1999

2615

thorize local law enforcement agencies to transmit information on accident reports to the Department of Public Safety.
The following amendment was read and adopted:
Representatives Twiggs of the 8th, Skipper of the 137th, Walker of the 141st, Smith of the 109th and Crawford of the 129th move to amend SB 154 as follows:
By deleting all of subsection (h) beginning on page 2, line 10 and ending on line 19, page 2.
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 E Bunn Y Burkhalter Y Byrd Y Callaway
E 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
Dean
Y DeLoach, B Y DeLoach, G Y 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 Y Grindley Y Hammontree Y 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
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
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
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 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 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, as amended, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Bills of the House were taken up for the purpose of considering the Senate amendments or substitute thereto:

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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.

The following Senate amendment was read:

Amend HB 548 by striking lines 5 and 6 of page 5 and inserting in lieu thereof the following:

"This Act shall become effective January 1, 2000."

Representative Greene of the 158th moved that the House agree to the Senate amendment to HB 548.

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 Birdsong
Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E 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
Dodson
Dukes Y Ehrhart Y Epps Y Evans Y Everett Y Pelton
Floyd Y Franklin Y Golick Y Graves Y Greene Y Grindley
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 Y Irvin
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
Y Martin, J.L Y Massey Y McBee Y McCall Y McClinton
McKinney Y Millar Y Mills
Mobley Y Morris Y Mosley
Mueller Y OTfeal 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
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 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 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 motion, the ayes were 152, nays 0.
The motion prevailed. 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 in-

WEDNESDAY, MARCH 24, 1999

2617

surers to provide coverage for a minimum of inpatient care following a mastectomy or lymph node dissection.
The following Senate substitute was read:

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 periods of inpatient care following a mastectomy or lymph node dissection; to provide for coverage by insurers of postmastectomy and postlymph node dissectomy care; to provide for notice to policyholders; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end a new article to read as follows:

33-24-70.

"ARTICLE 3

This article shall be known and may be cited as the 'Breast Cancer Patient Care Act.' 33-24-71.

The General Assembly finds and declares that:

(1) Whereas, until recently health care insurers covered costs of hospital stays of a patient who had undergone a mastectomy or lymph node dissection until that patient was discharged by a physician. Now some insurers are making mastectomies and lymph node dissections an outpatient procedure and refusing to pay for any hospital inpatient care following the procedure;

(2) There is sufficient scientific data to question the safety and appropriateness of such treatment of breast cancer patients; and

(3) The length of postmastectomy or postlymph node dissection inpatient stay should be a clinical decision made by a physician in agreement with the patient based on the unique characteristics of the patient and the surgery involved.
33-24-72.

(a) As used in this Code section, the term:

(1)'Attending physician' means any surgeon or other physician attending the breast cancer patient.

(2) 'Health benefit policy" means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospi-

2618

JOURNAL OF THE HOUSE

tal service corporation, medical service corporation, or other insurer or similar entity; except that such term does not include any policy of limited benefit insurance as defined in paragraph (4) of subsection (e) of Code Section 33-30-12.
(3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, managed care plan other than a dental plan, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program.
(4) 'Lymph node dissection' means the removal or a part of the lymph node system under the arm using general anesthesia as part of a diagnostic process that is used to evaluate the spread of cancer and to determine the need for further treatment.
(5)'Mastectomy' means surgical removal of one or both breasts.
(b) Every health benefit policy that provides surgical benefits for mastectomies that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after July 1, 1999, shall provide coverage in a licensed health care facility for inpatient care following a mastectomy or lymph node dissection until the completion of the appropriate period of stay for such inpatient care as determined by the attending physician in consultation with the patient. Coverage shall be provided also for such number of follow-up visits as determined to be appropriate by the attending physician after consultation with the patient. Such follow-up visits shall be conducted by a physician, a physician's assistant, or a registered professional nurse with experience and training in postsurgical care. In consultation with the patient, such attending physician, physician's assistant, or registered professional nurse shall determine whether any follow-up visit or visits will be conducted at home or at the office.
(c) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section. The notice shall be in writing and prominently positioned in any of the following literature:
(1) The next mailing to the policyholder;
(2) The yearly informational packets sent to the policyholder; or
(3) Other literature mailed before January 1, 2000.
(d) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending physician or other health care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall include the attending physician and hospital."
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.
Representative Buckner of the 95th moved that the House agree to the Senate substitute to HB 604.

WEDNESDAY, MARCH 24, 1999

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
Birdsong Y Bohannon Y Bordeaux Y Borders
Bridges Y Brooks N Brown Y Buck Y Buckner
Y Bulloch E Bunn
Burkhalter Byrd Y Callaway
E Campbell Y Cash Y Channel! Y Childere 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
Dukes 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 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 Y Kaye Y 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
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
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
Sims
Y Sinkfield Y Skipper
Smith, B Y Smith, C
Y Smith, C.W Y Smith, L

2619
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 motion, the ayes were 151, nays 3.
The motion prevailed. HB 283. By Representative Jamieson of the 22nd:
A bill to amend Article IDA 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 Senate amendments were read:
Senate Amendment No. 1 Amend HB 283 by inserting between "assessments;" and "to" on line 10 of page 1 the following:
"to change certain provisions regarding the value of motor vehicles to be added to the tax digest;". By inserting between lines 17 and 18 of page 7 the following:
"SECTION 3A. Said chapter is further amended by striking Code Section 48-5-448, relating to the value of motor vehicles and mobile homes included in the tax digest, and inserting in its place a new Code Section 48-5-448 to read as follows:

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JOURNAL OF THE HOUSE

'48-5-448.

(a) The value of all motor vehicles and all mobile homes returned for taxation during each the previous calendar year shall be added to the regular digest at the time the regular digest is transmitted to the commissioner or at such other time as the digest is required to be compiled.

(b) The value of all mobile homes returned for taxation during each calendar year shall be added to the regular digest at the time the regular digest is transmitted to the commissioner or at such other time as the digest is required to be compiled.

(c) The total of the regular digest and the value of returns required to be added pursuant to this Code section shall constitute the tax digest.'" By striking lines 19 through 22 of page 7 and inserting in their place the following:
"(a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2 and 3 of this Act shall become effective on July 1, 1999.
(c) Section 1 of this Act shall become effective on January 1, 2000."
Senate Amendment No. 2
Amend HB 283 by inserting between "To" and "amend" on line 1 of page 1 the following:

"amend Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to staggered registration periods, so as to prohibit the establishment of certain staggered registration periods; to".
By striking line 14 of page 1 and inserting in its place the following:

"SECTION 1.
Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to staggered registration periods, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
'(f) On and after January 1, 2000, no local Act shall be enacted pursuant to this Code section authorizing a staggered system of motor vehicle registration. This subsection shall not apply to any county in which such a local Act has been enacted prior to January 1, 2000.'

SECTION 1A."
By striking lines 9 through 25 of page 2 and inserting in their place the following:
"(2)(A)(C) A motor vehicle shall not be returned for taxation and no ad valorem taxes shall be due, payable, or collected at the time a vehicle is registered during any initial registration period for such vehicle.
(SHD) A motor vehicle shall not be".
By striking "Within" on line 8 of page 3 and inserting in its place the following:

"Within Notwithstanding subsection (a) of this Code section, within".
By striking "Section 1" and inserting in its place "Sections 1 and 1A" on line 21 of page 7.

The following amendment was read and adopted:

WEDNESDAY, MARCH 24, 1999

2621

Representatives Jamieson of the 22nd and Channell of the lllth move to amend the Senate amendment (AM 18 0710) to HB 283 by striking lines 5 and 6 of page 1 and inserting in their place the following:

"to change certain provisions regarding the value of motor vehicles to be added to the tax digest; to change the manner and method of ad valorem taxation of mobile homes held by dealers for sale at wholesale or retail; to change a definition; to provide for taxation of such mobile homes like other taxable tangible personal property; to change certain provisions regarding issuance of location permits and decal display; to change certain provisions regarding ad valorem tax returns;".
By striking line 27 of page 1 and inserting in its place the following:

"shall constitute the tax digest.'

SECTION 3B.
Said Chapter 5 is further amended by striking paragraph (3) of Code Section 48-5-440, relating to definitions, and inserting in its place a new paragraph (3) to read as follows:

'(3) "Mobile homes" means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. This article shall not apply to dealers engaged in the business of selling mobile homes at wholesale or retail and every mobile home owned in this state on January 1 by a dealer shall be subject to ad valorem taxation in the same manner as other taxable tangible personal property.'

SECTION 3C.
Said chapter is further amended by striking Code Section 48-5-491, relating to taxation of mobile homes held by dealers, and inserting in its place a new Code Section 48-5-491 to read as follows:
'48-5-491.

(a) For the purpose of thia Code section, the term "dealer" mcana any pcraon engaged in the buoincaa of aclling mobile homca at wholesale or retail.

(b) Mobile homca owned by a dealer arc not included within the distinct classification of tangible property made by this article for all other mobile homes. The procedures prescribed in this article for returning other mobile homes for ad valorem taxation, dc tcrmining the applicable ratco for taxation, and collecting the ad valorem taxes im poacd on mobile homes do not apply to mobile homca owned by a dealer. Mobile homca owned by a dealer shall be returned for ad valorem taxation, shall be taxed, and the taxes on auch mobile homca ahull be collected in the manner provided in this Code section.
(c) All wholesale and retail dealers of mobile homca ahall return their inventory on the firat work day of each calendar year. The inventory shall be substantiated by prop crly executed department forma prepared for that purpose on each mobile home in in vcntory and the forma shall ahow the identification numbcra of each mobile home. The aaacascd value of mobile homco owned by a dealer shall be 76 percent of the aaaoaacd value prcacribcd by the department for other mobile homes.

(d) The tax authorities of each county ahall determine the tax due on each dealer mo bile home at the same tax rate imposed on other mobile homes, which taxoo ahall be paid on or before May 1 of the calendar year. Each mobile home return form ahall

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JOURNAL OF THE HOUSE

then be marked "returned for tax purposes" ao that each mobile home may then be aold as if all ad valorem taxes had been paid for the current year purauant to this

(c) Each now mobile home in transit and not actually in a dealer's inventory on January 1 of each year shall not bo aubjcct to taxation for that year. Dealers ahull oubmit proof that each such mobile home was actually received after January 1 of that year. Reserved.'
SECTION 3D.
Said chapter is further amended by striking subsection (b) of Code Section 48-5-492, relating to issuance of mobile home location permits, and inserting in its place a new subsection (b) to read as follows:
'(b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paidT Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before May 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal shall be prominently attached and displayed on the mobile home by the owner.'
SECTION 3E.
Said chapter is further amended by striking Code Section 48-5-494, relating to return of mobile homes for ad valorem taxation, and inserting in its place a new Code Section 485-494 to read as follows:
'48-5-494.

Each year every owner of a mobile home subject to taxation under this article shall return the mobile home for taxation and shall pay the taxes due on the mobile home at the time the owner applies for the mobile home location permit, or at the time of the first sale or transfer of the mobile home after December 31, or on May 1, whichever occurs first. If the owner returns his such owner's mobile home for taxation prior to the date that the application for the mobile home location permit is required, he such owner shall apply for the permit at the time he such owner returns the mobile home for taxation. Except ao provided for mobile homco owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxoo due on the mobile home have been poid.'"
By striking "Section 1" and inserting in its place "Sections 1, 3B, 3C, 3D, and 3E" on line 36 of page 1.
Representative Jamieson of the 22nd moved that the House agree to Senate amendment No. 1, as amended by the House, and has agreed to Senate amendment No. 2 to HB 283.
On the motion, 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 Birdsong

Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner
Bulloch

E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channel! Y Childers Y Clark

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
Dukes

Y Ehrhart Y Epps
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

WEDNESDAY, MARCH 24, 1999

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
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
Randall
Y Ray Y Reaves
Y 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 Smith, L.R Smith, P Smith, T Smith, V Smyre Snelling Snow Squires
Stallings

2623
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 155, nays 0.
The motion prevailed.
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 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.
Representative Hammontree of the 4th moved that the House adhere to its position in substituting SB 140 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 47th, Alien of the 117th and Hammontree of the 4th.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:

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JOURNAL OF THE HOUSE

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Perdue of the 18th and Gillis of the 20th.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Polak of the 42nd, Hecht of the 34th and Ray of the 48th.
The Senate has agreed to the House amendments to the following bills of the Senate:
SB 139. By Senator Madden of the 47th:
A bill to amend Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to community mental health, mental retardation, and substance 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 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 evidence, and to provide for a completed crime lab report for the appropriate prosecuting attorney.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 259. By Senators Hecht of the 34th, Kemp of the 3rd, Meyer von Bremen of 12th 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; to prohibit specified contracts; to provide for exceptions; to provide definitions.
The President ruled the House amendment not germane, therefore the Senate disagreed to the House amendment to the Senate amendment to the following bill of the House:

WEDNESDAY, MARCH 24, 1999

2625

HB 210. By Representatives Walker of the 141st, Fairish of the 144th, Floyd of the 138th and others:
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 Bills of the House were taken up for the purpose of considering the Senate amendment or substitute thereto:
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.

The following Senate amendment was read:

Amend HB 43 by striking "An insurer may" from line 37 of page 27. By striking lines 38 through 41 of page 27 and lines 1 through 15 of page 28. By striking "(4)" and inserting in lieu thereof "(3)" on line 16 of page 28. By striking "10" and inserting in lieu thereof "7.5" on line 22 of page 28. By striking "10" and inserting in lieu thereof "3" on line 25 of page 28. By striking "10" and inserting in lieu thereof "6.5" on line 28 of page 28. By striking "(5)" and inserting in lieu thereof "(4)" on line 30 of page 28. By striking "(6)" and inserting in lieu thereof "(5)" on line 22 of page 29.

Representative Williams of the 114th moved that the House agree to the Senate amendment to HB 43.

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 Barries Y Benefield
Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch E- Bunn Y Burkhalter Y Byrd Y Callaway E 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
Cummings Y Davis, M Y Davis, T Y Day
Dean Y DeLoach, B Y DeLoach, G Y Dix Y Dixon Y Dodson
Dukes Y Ehrhart Y Epps
Evans Y Everett Y Felton
Floyd Y Franklin

Y Golick 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
Irvin Jackson, 6 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
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 Parrish
Parsons Pelote Pinholster
Poag Ponder Porter Powell Purcell
Ragas Randall Ray Reaves Reece
Reed Reese Reichert
Rice Richardson
Roberts Rogers
Royal Sanders
Sauder

2626
Scarlett
Y Scheid
Y Scott Y Shanahan Y Shaw Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper

JOURNAL OF THE HOUSE

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 Snelling

Y Snow
Y Squires Y StalHngs Y Stancil Y Stanley, P
Y Stanley-Turner 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 Westmoreland Y Whitaker Y Wiles Y Williams, J Y Williams, R
Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 157, nays 0.
The motion prevailed.
The Speaker assumed the Chair.
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.
The following Senate substitute was read:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for confidentiality of patients' medical information obtained by health insurers from pharmacies or pharmacists; to prohibit release of certain information to third parties without patient consent; to define a term; to provide a penalty for violations; 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 provide for notice prior to certain premium increases; change certain provisions relating to required provisions of group accident and sickness insurance policies; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by 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 'insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, or the plan administrator of any health benefit plan established pursuant to Article 1 of Chapter 18 of Title 45; and such term includes any entity which administrates or processes claims on behalf of any of the foregoing.
(b) Any medical information concerning a patient that was obtained by or released to an insurer from a pharmacy or pharmacist shall be confidential and privileged and may be released by such insurer to a third party for consideration only if such release is specifically authorized by such patient or a person otherwise authorized to act

WEDNESDAY, MARCH 24, 1999

2627

therefor. Any insurer possessing patient medical information which was obtained from a pharmacy or pharmacist shall not release such information to any third party for consideration without the explicit written consent of the patient or a person otherwise authorized to act therefor, which consent was obtained after written notice by the insurer to such patient or person otherwise authorized to act therefor of the purpose of such release, the party or parties to whom the information will be released, and any consideration paid or to be paid to the insurer for such information.
(c) The provisions of subsection (b) of this Code section shall not prohibit the release of medical information by an insurer to a third party for purposes of appropriate medical research without notice to or the written consent of a patient or person authorized to act therefor, provided that such release does not provide any information that identifies a patient, prescriber, pharmacy, or pharmacist, including without limitation any name, address, or telephone number of a patient, prescriber, pharmacy, or pharmacist. Information released in accordance with the provisions of this subsection may be used for appropriate medical research.
(d) Violation of this Code section by any insurer to which any license or certificate of authority has been issued under this title shall constitute an unfair trade practice punishable under Article 1 of Chapter 6 of this title."
SECTION 2.
Said title is further amended by adding a new Code Section 33-24-59.5 to read as follows:
"33-24-59.5.

(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.
(2) 'Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, health maintenance organization subscriber contract, any health benefit plan established 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 policies issued in accordance with Chapter 31 of this title; disability income policies; or Chapter 9 of Title 34, relating to workers' compensation.
(3) 'Insurer' means an accident and sickness insurer, 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 established pursuant to Article 1 of Chapter 18 of Title 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 insurer'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-

2628

JOURNAL OF THE HOUSE

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 process the claim or any portions thereof which are not being paid. Where the insurer disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received 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 3.
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 insurance, 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 Section 33-24-59.5, 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 bcncfita for loss of time will be payable immediately upon receipt of due written proof of ouch looo. Should the insurer fail to pay the bcncfita payable under ita policy, other than bcncfito paya blc for loao of time, upon receipt of due written proof of losa, the inaurcr ahall have 16 working days thereafter within which to mail the inaurcd or subscriber a letter or notice which atatco the rcaaono the inaurcr may have for failing to pay the claim, cither in whole or in part, and which alao givca the inaurcd or oub acribcr a written itcmization of any documents or other information needed to pro CC3D the claim or any portiona thereof which arc not being paid. When all of the listed documcnto or other information needed to proecaa the claim have been re ccivcd, the inaurcr ahall then have 16 working daya within which to proccoa and cither pay the claim or deny it, in whole or in part, giving the inaurcd the reasons the inaurcr may have for denying such claim or any portion thereof.
(B) Subject If a policy provides benefits for loss of time, such policy shall also provide that, subject to proof of such loss, all accrued benefits payable under the policy 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 immediately upon receipt of such proof.
(C) Each inaurcr admitted to transact accident and oickncaB inouranec in this state ahall pay interest to the inaurcd equal to 18 percent per annum on the proeccda or bcncfita due under the tcrma of the policy for failure to comply with the requirements of aubparagraph (A) or (B) of this paragraph."

WEDNESDAY, MARCH 24, 1999

2629

SECTION 4.
Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, is amended by adding at the end a new Code section to read as follows:
"33-29-22.

Notice of any premium increase shall be mailed or delivered to each holder of an individual accident and sickness insurance policy not less than 60 days prior to the effective date of such increase."
SECTION 5.
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 33-24-59.5, relating to time limits for payment 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 loss of time will bo payable immediately upon receipt of due written proof of such loss. Should the insurer fail to pay the benefits payable under the policy, other than ben cfita for loaa of time, upon receipt of due written proof of loss, the insurer ahall have 16 working days thereafter within which to mail the insured or aubacribcr a letter or notice which states the rcasono the insurer may have for failing to pay the claim, cither in whole or in part, and which alao givcB the insured or subscriber a written itcmization of any documents or other information needed to proccgs the claim or any portions thereof which are not being paid. When all of the listed documents or other information needed to proecsa the claim have been received, the insurer shall then have 16 working days within which to process and either pay the claim or deny it, in whole or in part, giving the insured 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 provide that, subject to proof of such loss, all accrued benefits payable under the policy 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 immediately upon receipt of such proof.
(C) Each insurer admitted to tranoact accident and aickncaa insurance in this state shall pay interest to the insured equal to 18 percent per annum on the procccdo or benefits due under the tcrma of the policy for failure to comply with the requirements of aubparagraph (A) or (B) of this paragraph."
SECTION 6.
Sections 2, 3, and 4 of 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.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Representative Graves of the 125th moved that the House agree to the Senate substitute to HB 159.
On the motion, the roll call was ordered and the vote was as follows:

2630
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

JOURNAL OF THE HOUSE

Y Davis, T
Y Day 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 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
Irvin
Jackson, B 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 OTSFeal 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 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
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
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 Whi taker Y Wiles Y Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 156, nays 0.
The motion prevailed.
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.
Representative Walker of the 141st assumed the Chair.
The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: 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, counselors, and adjusters, so as to change certain provisions relating to licensing of only individuals as agents; to change certain provisions relating to limited licenses.
The following Senate amendment was read:
Amend the House substitute to SB 181 by deleting subsection D on line 24-26 of page 9; and Changing the number "5" to "2" in subsection 8 line 38 of page 9.
Representative Harbin of the 113th moved that the House agree to the Senate amendment to the House substitute to SB 181.

WEDNESDAY, MARCH 24, 1999

2631

On the motion, 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
Brown Y Buck
Buckner
Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E 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
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
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
Jackson, B 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 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
Randall Y Ray Y 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
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 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
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 motion, the ayes were 150, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto: 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".
The following Senate substitute was read:
A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that any county, municipality, or other public subdivision of this state which has a law enforcement agency shall declare a chief of police

2632

JOURNAL OF THE HOUSE

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"; to provide an exception; to change the definition of the term "department head"; 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, and whose fulltime duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs shall be considered peace officers; to provide that certain personnel of county probation systems shall be considered peace officers; to provide that certain administrative investigators with law enforcement authority shall be considered peace officers; to provide that law enforcement support personnel are not peace officers but may be certified as such upon voluntarily complying with required certification provisions; to provide that any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences 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 executive 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 department 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 effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 1, relating to general provisions 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 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 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 managerial duties of a police agency or law enforcement unit. Such term does not include the Attorney 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 employed 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."

WEDNESDAY, MARCH 24, 1999

2633

SECTION 3.
Said title is further amended by striking in its entirety paragraph (8) 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 (8) to read as follows:
"(8) 'Peace officer' means, for purposes of this chapter only:
(A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime;
(B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and
(B.I) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department's institutions, facilities, or programs;
(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutionsT; and
(D) An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency.
Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter."
SECTION 4.
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 December 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 training 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 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

2634

JOURNAL OF THE HOUSE

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Jenkins of the 110th and Twiggs of the 8th move to amend the Senate substitute to HB 580 by adding on line 1 of page 2 between the first semicolon and the word "to" the following:

"to change certain other provisions relating to training requirements for peace officers;".
By adding between lines 29 and 30 on page 4 the following:

"SECTION 5.
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 peace officer serving with the Department of Public Safety who is a commissioned officer shall receive annual training as specified by the commissioner of public safety.'"
By redesignating Sections 5 and 6 on page 4 as Sections 6 and 7, respectively.

Representative Jenkins of the 110th moved that the House agree to the Senate substitute, as amended by the House, to HB 580.

On the motion, 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
E Campbell
Y 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 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
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 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 OTJeal
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
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

WEDNESDAY, MARCH 24, 1999

2635

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 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 motion, the ayes were 164, nays 0.
The motion prevailed.
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.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 6

The Committee of Conference on HB 6 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 6 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Casey Cagle
Senator, 49th District /s/ Don Cheeks
Senator, 23rd District /s/ Robert Lamutt
Senator, 21st District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Bobby Franklin Representative, 39th District /s/ Ben Alien Representative, 117th District /s/ Robert A. B. Reichert Representative, 126th District

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; 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 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, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

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JOURNAL OF THE HOUSE

"(a) Funds or benefits from a pension or retirement program as defined in 29 U.S.C. Section 1002(2)(A) or funds or benefits from an individual retirement account as defined in Section 408 or 408A of the United States Internal Revenue Code of 1986, as amended, shall be exempt from the process of garnishment until paid or otherwise transferred to a member of such program or beneficiary thereof. Such funds or benefits, when paid or otherwise transferred to the member or beneficiary, shall be exempt from the process of garnishment only to the extent provided in Code Section 18-4-20 for other disposable earnings, unless a greater exemption is otherwise provided by
law."

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 Franklin of the 39th moved that the House adopt the report of the Committee of Conference on HB 6.

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

Y Alien Y Anderson
Ashe Y Bailey Y Bannister Y Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon N Bordeaux N Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner
Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channel! N 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 V Day Y 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
Hembree Y Henson Y Holland Y Holmes Y Houston Y Howard Y Hudgens
Hudson, H Y Hudson, N

Y Hugley Y Irvin
Jackson, B 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 Y McClinton
McKinney Y Millar Y Mills Y Mobley Y Morris Y Mosley Y Mueller Y CWeal N Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Pinholster
Poag Y Ponder N 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 N 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 Y Stancil Y Stanley, P
Stanley-Turner Y Stephens Y Stokes N Stuckey
Y Taylor
N Teague N Teper
Tillman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman
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 motion, the ayes were 144, nays 10. The motion prevailed.

WEDNESDAY, MARCH 24, 1999

2637

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate amendment thereto:
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 strategies, 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.
Representative Royal of the 164th moved that the House insist on its position in amending the Senate amendment to HB 699 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Stancil of the 16th, Shanahan of the 10th and Royal of the 164th.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:
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 Annotated, 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 Annotated, 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.
Representative Porter of 143rd moved that the House insist on its position in substituting SB 72.
The motion prevailed.
The Speaker assumed the Chair.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its disagreement to the House amendment to the Senate amendment to the following bill of the House:
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th 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 strategies, so as to change certain provisions regarding criteria in developing such service delivery strategies; to change certain provisions regarding limitation

2638

JOURNAL OF THE HOUSE

of funding for projects which are not included in or which are inconsistent with a service delivery strategy.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Price of the 28th, Dean of the 31st and Scott of the 36th.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 83. By Senators Hecht of the 34th, Harbisoh 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 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 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 Annotated, 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 Annotated, 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.
The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Gingrey of the 37th and Marable of the 52nd.
The Senate has agreed to the House amendment to the Senate amendment to the following bills of the House:
HB 230. By Representatives Stuckey of the 67th, Snow of the 2nd, Cooper of the 31st and others:
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.
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 Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to pro-

WEDNESDAY, MARCH 24, 1999

2639

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.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 502. By Representatives Lane of the 146th, Jamieson of the 22nd, Purcell of the 147th 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.
The Senate has passed by the requisite constitutional majority the following bills of the House:
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.
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 Senate has passed, as amended, by the requisite constitutional majority the following bill of the House:
HB 780. By Representatives Alien of the 117th, Anderson of the 116th, Howard of the 118th and others:
A bill to amend an Act regulating public instruction for the County of Richmond, 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 following Bill of the House was taken up for the purpose of considering the Senate amendment thereto: 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 Richmond, 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 following Senate amendment was read:
Amend HB 780 by striking "$8,000.00" and inserting "$6,800.00" on line 43 of page 4. By striking "$9,000.00" and inserting "$7,400.00" on line 2 of page 5. By striking "$10,000.00" and inserting "$8,000.00" on line 5 of page 5. By adding before the period on line 9 of page 5 the following:
", except that Section 4 of this Act shall become effective January 1, 2000".

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JOURNAL OF THE HOUSE

Representative Alien of the 117th moved that the House agree to the Senate amendment to HB 780.
On the motion, the ayes were 110, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's disagreeing to the House amendment to the Senate amendment to the following Bill 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.
Representative Bordeaux of the 151st moved that HB 577 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
Birdsong
N Bohannon Y Bordeaux N Borders N Bridges Y Brooks Y Brown Y Buck N Buckner N Bulloch E Bunn Y Burkhalter
N Byrd N Callaway E Campbell N Cash Y Channell N Childers Y Clark N Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox N Crawford N Cummings Y Davis, M

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

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

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

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

On the motion, the ayes were 98, nays 71.
The motion prevailed.
Representative Jackson of the 148th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 24, 1999

2641

The following Bills of the Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
SB 140. By Senator Ray of the 48th:
A bill to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to define certain terms; to provide 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 140

The Committee of Conference on SB 140 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 140 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Billy Ray Senator, 48th District
/s/ Daniel W. Lee Senator, 29th District
Isl Michael S. Meyer von Bremen Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Alien Hammontree Representative, 4th District
/s/ Ben Alien Representative, 117th District
/s/ Jim Martin Representative, 47th District

A BILL
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to amend the law relating to security for debt; to define certain terms; to provide for ownership rights to dies, molds, forms, and patterns; to provide for liens on such properties; to provide that a lien may not be enforced under certain conditions; to provide for sales of such properties under certain conditions; to provide for related matters; to provide for molders' liens; to provide for a limitation on the amount of such liens; to provide for nonimpairment of certain contracts; to provide for cancellation of an instrument upon recording an affidavit that a written notice was mailed to the grantee or holder of record 60 days previously and such grantee or holder of record has not provided a legally sufficient satisfaction or cancellation; to provide for related procedures and the contents of the notice and affidavit and attachments to the affidavit; to specify when a penalty must be paid; to provide penalties for filing a fraudulent affidavit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding in Chapter 12 a new Article 8 to read as follows:

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44-12-310.

"ARTICLE 8 Part 1

As used in this article, the term:

(1) 'Customer' means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate, or otherwise make a product or products for a customer.

(2) 'Holder' means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. 'Molder' includes, but is not limited to, a tool or die maker.

(3) Within three years following the last prior use' shall include any three-year period following the last prior use of a die, mold, form, or pattern regardless of whether or not any portion of such period precedes the effective date of this article.
44-12-311.

(a) In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder.

(b) If a customer does not claim possession from a molder of a die, mold, form, or pattern within three years following the last prior use, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this Code section.

(c) If a molder chooses to have all rights and title to any die, mold, form, or pattern transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive officer of the customer or, if the customer is not a business entity, to the customer at the customer's last known address, indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this Code section. Such notice shall include a statement of the customer's rights as set forth in subsection (d) of this Code section.

(d)(l) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer.

(2) This Code section shall not in any manner affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.

44-12-320.

Part 2

WEDNESDAY, MARCH 24, 1999

2643

(a) Holders shall have a lien, dependent on possession, on all dies, molds, forms, or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work related to the property on which the molder claims the lien. Such liens shall attach upon the commencement of work by the molder and shall be subject to any prior perfected security interest in such property as of the commencement date. The molder may retain possession of the die, mold, form, or pattern until the charges are paid, or until repossessed by a creditor with a prior perfected security interest.
(b) Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last known address of the customer. Such notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. Such notice shall also include a demand for payment.
(c) A lien may not be enforced under this part if the customer, within the time period provided in subsection (d) of this Code section, notifies the molder that the products fail to meet an approved quality control plan, the products deviated from approved samples, or the products deviated from previously accepted parts and the customer returns the products within 60 days after the date on which the products are delivered to the customer.
(d) If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in subsection (b) of this Code section and the products have not been returned to the molder within 60 days after the date on which the products are delivered to the customer because of a defective condition as provided in subsection (c) of this Code section, the molder may sell the die, mold, form, or pattern at a public auction.
(e) In no event shall the amount of the lien established by this Code section exceed the contract price of services performed by the molder.
44-12-321.
(a) Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information:
(1) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice;
(2) A description of the die, mold, form, or pattern to be sold;
(3) The time and place of the sale; and
(4) An itemized statement for the amount due.
(b) If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern.
(c) A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law.
44-12-322.

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In the event of any conflict between the provisions of this part and the provisions of Articles 7 and 8 of Chapter 14 of this title, the provisions of this part shall control."
SECTION 2.
Said title is further amended in Code Section 44-14-3, relating to cancellation by grantee or holder upon payment, by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Upon the failure of the grantee or holder to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee or holder shall, upon written demand, be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee or holder shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the tranamittal is made liquidated damages is made. No other provision of this Code section shall be construed so as to affect the obligation of the grantee or holder to pay the liquidated damages provided for in this subsection."
SECTION 3.
Said title is further amended in said Code section by inserting immediately following subsection (c) the following:
"(c.l) In the event that a grantee or holder of record has failed to transmit properly a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record within 60 days after a written notice mailed to such grantee or holder of record by registered or certified mail, return receipt requested, the clerk or clerks are authorized and directed to cancel the instrument upon recording an affidavit by an attorney who has caused the secured indebtedness to be paid in full or by an officer of a regulated or chartered financial institution whose deposits are federally insured if that financial institution has paid the secured indebtedness in full. The notice to be mailed to the grantee or holder of record shall identify the indebtedness and include a recital or explanation of this subsection. The affidavit shall include a recital of actions taken to comply with this subsection. Such affidavit shall include as attachments the following items:
(1) A written verification which was given at the time of payment by the grantee or holder of record of the amount necessary to pay off such loan; and
(2)(A) Copies of the front and back of a canceled check to the grantee or holder of record paying off such loan;
(B) Confirmation of a wire transfer to the grantee or holder of record paying off such loan; or
(C) A bank receipt showing payment to the grantee or holder of record of such loan.
Any person who files an affidavit in accordance with this subsection which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
SECTION 4.
Section 1 of this Act shall not impair the obligation of any contract entered into prior to the date this Act becomes effective.

WEDNESDAY, MARCH 24, 1999

2645

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

Representative Hammontree of the 4th moved that the House adopt the report of the Committee of Conference on SB 140.

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
Birdsong Y Bohannon
Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Y Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E 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
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
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
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 O'Neal Y Orrock Y Parham Y Panish Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
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
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
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 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 motion, the ayes were 157, nays 0.
The motion prevailed.
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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 83

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JOURNAL OF THE HOUSE

The Committee of Conference on SB 83 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 83 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Greg Hecht Senator, 34th District
/s/ Ed Harbison Senator, 15th District
/s/ Tim Golden Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Stephen G. Scarlett Representative, 174th District
/s/ A. Richard Royal Representative, 164th District
1st Thomas B. Buck Representative, 135th District

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 municipalities partially located within a county to contract for assessments and collection of municipal ad valorem taxes and digest preparation by the county tax commissioner; 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 proof of prisoner of war status; to provide for an exemption with respect to certain motor vehicles owned by the unremarried surviving spouses of deceased former prisoners of war; to provide for conditions and limitations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-359.1, relating to contracts authorizing assessments and collection of municipal ad valorem taxes and digest preparation by the county tax commissioner, and inserting in its place a new subsection (a) to read as follows:
"(a) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to tost the tax commissioner by the county."
SECTION 2.
Said Chapter 5 is further amended by striking Code Section 48-5-478.1, relating to the exemption of certain motor vehicles owned by former prisoners of war from ad valorem taxation, and inserting in lieu thereof a new Code section to read as follows:

WEDNESDAY, MARCH 24, 1999

2647

"48-5-478.1.

(a) As used in this Code section, the term 'prisoners of war' shall have the same meaning as provided for in subsection (a) of Code Section 40-2-73, as amended.
(b) Any former prisoner of war who is a citizen and resident of Georgia and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of his or her former prisoner of war status with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on the one vehicle such former prisoner of war owns and on which ouch pcraon actually plncca the free diatinctivc personalized liccnac plate aueh pcraon receives pursuant to Code Section 40 2 73, na amended.
(c) The unremarried surviving spouse of a deceased former prisoner of war who is a citizen and resident of Georgia and who attaches or presents a true copy of a Department of Defense Form 214, a military 201 file, or similar sufficient proof of the former prisoner of war status of the deceased former prisoner of war with his or her ad valorem tax return is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on one vehicle such unremarried surviving spouse owns."
SECTION 3.
This Act shall become effective on January 1, 2000, and shall apply to all tax years beginning on or after January 1, 2000.

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

Representative Scarlett of the 174th moved that the House adopt the report of the Committee of Conference on SB 83.

On the motion, 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 E Campbell Y Cash Channel! 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 Y DeLoach, B Y DeLoach, G Y Dix Y Dixon
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

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

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

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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 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, Spin-

On the motion, the ayes were 158, nays 0.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate amendment thereto: 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.
Representative Powell of the 23rd moved that the House insist on its position in amending the Senate amendment to HB 210 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Powell of the 23rd, Walker of the 141st and Williams of the 114th.
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 642 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:

WEDNESDAY, MARCH 24, 1999

2649

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

SB 258 Do Pass SB 270 Do Pass

SB 278 Do Pass SB 288 Do Pass, by Substitute

Respectfully submitted, /a/ Royal of the 164th
Chairman

The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 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 Senate adheres to its disagreement to the House amendment to the Senate amendment to the following bill of the House:
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others:
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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Scott of the 36th, Marable of the 52nd and Thomas of the 54th.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 288. By Senator Bowen of the 13th:
A bill to amend an Act creating a board of commissioners of Tift County, as amended, so as to change the compensation of the chairperson, vice chairperson, and other members of the board of commissioners; to provide an effective date.
The Senate has agreed to the House amendment to the Senate substitute to the following bill 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 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 of-

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JOURNAL OF THE HOUSE

ficer pursuant to the provisions of Chapter 8 of Title 35, known as the "Georgia Peace Officer Standards and Training Act".
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 717. By Representatives Harrell of the 62nd, Randall of the 127th, Trense of the 44th and others:
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 establish an advisory committee on newborn infants and provide for its selection, compensation, powers, qualifications, and duties.
The Senate has agreed to the House substitute as amended by the Senate to the following resolution of the Senate:
SR 150. By Senator Thompson of the 33rd:
A resolution designating the Fred Lee Brady Bridge.

By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 278. By Senator Hooks of the 14th:
A bill to amend an Act creating and establishing the Taylor County Building Authority so as to provide for an additional power which may be exercised by such authority; to provide an effective date.

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

On the passage of the Bill, the ayes were 148, nays 0.

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

The following Resolution of the House was read:
HR 725. By Representatives Taylor of the 134th, Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th and others:
A resolution urging the Legislative Services Committee to take appropriate action to raise the compensation of pages for the General Assembly.

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
Bridges Y Brooks
Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter

Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers
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 Y Dean Y DeLoach, B

Y DeLoach, G Y Dix Y Dixon
Dodson Y Dukes Y Ehrhart Y Epos 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
Irvin Y Jackson, B Y Jackson, L Y James
Jamieson Y Jenkins Y Jennings

Jones Y Joyce
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
McClinton McKinney Millar Mills Mobley

Morris Mosley Mueller OTSTeal Orrock Parham Parrish Parsons
Pelote Pinholster Poag Ponder Porter Powell Purcell

WEDNESDAY, MARCH 24, 1999

2651

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

On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution was adopted.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time: SB 288. By Senator Bowen of the 13th:
A bill to amend an Act creating a board of commissioners of Tift County, as amended, so as to change the compensation of the chairperson, vice chairperson, and other members of the board of commissioners; to provide an effective date.
The following Committee substitute was read and adopted:
A BILL
To amend an Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the compensation of the chairperson, vice chairperson, and other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, is amended by striking in its entirety subsection (b) of Section 4 and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The chairperson of the board of commissioners shall receive an annual salary in an amount to be determined by a majority vote of the board of commissioners, excluding the chairperson. The amount of such annual salary shall not exceed $15,000.00 nor be lower than $12,000.00. In addition to such salary, the chairperson shall receive an annual expense allowance in the amount of $3,600.00 payable on a monthly basis out of the funds of Tift County. The compensation limits established in this section shall be adjusted annually by a percentage equal to the average percentage change, whether increase or decrease, in compensation of all employees of Tift County for the applicable year."
SECTION 2. Said Act is further amended by striking in its entirety subsection (b) of Section 9A and inserting in lieu thereof a new subsection (b) to read as follows:

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"(b) The vice chairperson of the board of commissioners shall receive an annual salary in an amount to be determined by a majority vote of the board of commissioners, excluding the vice chairperson. The amount of such annual salary shall not exceed $6,750.00 nor be lower than $5,400.00. In addition to such salary, the vice chairperson shall receive an annual contingent expense allowance in the amount of $1,800.00 payable on a monthly basis out of the funds of Tift County. The compensation limits established in this section shall be adjusted annually by a percentage equal to the average percentage change, whether increase or decrease, in compensation of all employees of Tift County for the applicable year."
SECTION 3.
Said Act is further amended by striking Section 19 in its entirety and inserting in lieu thereof a new Section 19 to read as follows:
"SECTION 19.
Each member of the board of commissioners other than the chairperson and vice chairperson shall receive an annual salary in an amount to be determined by a majority vote of the board of commissioners. The amount of such annual salary shall not exceed $5,250.00 nor be lower than $4,200.00. In addition to such salary, each member shall receive an annual contingent expense allowance in the amount of $1,800.00 payable on a monthly basis out of the funds of Tift County. The compensation limits established in this section shall be adjusted annually by a percentage equal to the average percentage change, whether increase or decrease, in compensation of all employees of Tift County for the applicable year."
SECTION 4.
This Act shall become effective on July 1, 1999.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
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 following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 211

WEDNESDAY, MARCH 24, 1999

2653

The Committee of Conference on HB 211 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 211 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Jack Hill
Senator, 4th District /s/ Sonny Perdue
Senator, 18th District /s/ Hugh Gillis, Sr.
Senator, 20th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Larry Walker Representative, 141st District /s/ Mickey Channell Representative, lllth District /s/ Butch Parrish Representative, 144th District

A BILL
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to change the definition of the term "institution of higher education" for purposes of Article 6 of said chapter, the "Private Colleges and Universities Authority Act," and thereby change the scope and operation of said article; to change provisions relating to the conditions of repayment of medical loans and scholarships and the signing of contracts relating to medical loans and scholarships; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-201, relating to definitions of terms applicable in Article 6 of said chapter, the "Private Colleges and Universities Authority Act," by striking paragraph (9) of the Code section and inserting in its place a new paragraph to read as follows:
"(9) 'Institution for higher education' means a nonprofit educational institution which is not owned or controlled by the state or any political subdivision, agency, instrumentality, district, or municipality thereof, which provides a program of education beyond the high school level and which:
(A) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;
(B) Provides an educational program for which it awards a bachelor's degree or provides an educational program, admission into which is conditioned upon the prior attainment of a bachelor's degree or its equivalent, for which it awards a postgraduate degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and
(C) Is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution whose credits are accepted, on transfer, by the university system and its educational units for credit on the same basis as if transferred from an institution so accredited,
or any nonprofit corporation organized, controlled, and adminiatcrcd by solely for the benefit of such an institution for the purpose of making education loans to otu dcnta of auch institution; provided, however, that a nonprofit educational institution which is otherwise an institution for higher education as defined in this paragraph

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JOURNAL OF THE HOUSE

shall be deemed to be an institution for higher education notwithstanding such institution's maintenance of a special early-admission policy for gifted high school students."
SECTION 2.
Said chapter is further amended by striking Code Section 20-3-513, regarding the determination of the amount of medical loans and scholarships, and inserting in its place the following Code section:
"20-3-513.

Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved community rural county in Georgia of 15,000 35,000 population or less according to the United States decennial census of 1980 1990 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Juvenile Justice. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 20-3-514, relating to contracts for medical loans and scholarships, and inserting in its place the following subsection:
"(a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, which contract shall include such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairman of the State Medical Education Board, countersigned by the secretary executive director of the State Medical Education Board, and shall be signed by the applicant. For the purposes of this part the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and the said applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section and such contract so executed by an applicant is declared to be a valid and binding contract the same as though the said applicant were of the full age of majority. The State Medical Education Board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the State Medical Education Board on any such contract."

WEDNESDAY, MARCH 24, 1999

2655

SECTION 4.
(a) Except as otherwise provided in subsection (b) of this Code section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b) Sections 2 and 3 of this Act shall become effective on July 1, 1999.

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

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 211.

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
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks
Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Clark
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
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
Jackson, B Jackson, L Y James 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 E Massey Y McBee
McCall Y McClinton Y McKinney Y Millar Y Mills Y Mobley
Morris Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Parrish
Y Parsons

Y Pelote Y Pinholster Y Poag Y Ponder
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
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

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 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 motion, the ayes were 150, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bill of the House:

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JOURNAL OF THE HOUSE

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 Senate has agreed to the House amendment to the following bill of the Senate:
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 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 accident reports to the Department of Public Safety.
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House:
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 Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 725. By Representatives Taylor of the 134th, Murphy of the 18th, Coleman of the 142nd and others:
A resolution urging the Legislative Services Committee to take appropriate action to raise the compensation of pages of the General Assembly.
By unanimous consent, the following Bill of the Senate was taken up for consideration and read the third time:
SB 270. By Senator Madden of the 47th:
A bill to amend an Act incorporating the Town of Braselton in the County of Jackson, as amended, so as to change the provisions relating to penalties that may be imposed by the municipal court; to change other provisions relating to the municipal court and the judge of such court; to provide for severability.
The report 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 43.
The Bill, having received the requisite constitutional majority, was passed.
The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:
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 Annotated, 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-

WEDNESDAY, MARCH 24, 1999

2657

tion; 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 grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents.
Representative Jamieson of the 22nd moved that the House adhere to its position in substituting SB 72 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Jamieson of the 22nd, Porter of the 143rd and Taylor of the 134th.
The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: 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 strategies, 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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 699

The Committee of Conference on HB 699 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 699 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Nathan Dean
Senator, 31st District /s/ Richard J. Price
Senator, 28th District /s/ David Scott
Senator, 36th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ A. Richard Royal Representative, 164th District /s/ Stancil Representative, 16th District /s/ Shanahan Representative, 10th District

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 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; to amend Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, so as to change the boundaries of certain such regions; to amend Code Section 50-8-4 of the Offi-

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JOURNAL OF THE HOUSE

cial Code of Georgia Annotated, relating to the Board of Community Affairs, so as to change provisions relating to ratification of changes in the boundaries of regional development centers; 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 criteria, and inserting in its place a new subparagraph (C) to read as follows:
"(C) A process shall be established by July 1, 1908, by each county and every municipality located within each county, regardless 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 included in a department verified strategy or for any project which is inconsistent with such strategy.
(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 municipality 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 established 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 financial assistance or grants, loans, or permits on the first day of the month following verification by the department that the requirements of Code Section 36-70-26 have been met."
SECTION 3.
Code Section 50-4-7 of the Official Code of Georgia Annotated, relating to state service delivery regions, is amended by striking paragraphs (7), (9), and (12) of subsection (a) and inserting in their respective places new paragraphs to read as follows:
"(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Screven, Taliaferro, Warren, Washington, and Wilkes counties;"

WEDNESDAY, MARCH 24, 1999

2659

"(9) State Service Delivery Region 9 shall be composed of Appling, Bleckley, Candler, Dodge, Emanuel, Evans, Jeff Davis, Johnson, Laurens, Montgomery, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox counties;"

"(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Evans, Glynn, Liberty, Long, and Mclntosh, Scrcvcn, and Tattnall counties."

SECTION 4.
Code Section 50-8-4 of the Official Code of Georgia Annotated, relating to the Board of Community Affairs, is amended by adding at the end a new subsection (g) to read as follows:

"(g) In addition to ratification by resolution, the General Assembly may ratify regional development center boundary changes by Act; and the particular changes adopted by the Board of Community Affairs on January 13, 1999, and February 10, 1999, and affecting Johnson and Emanuel counties are ratified to become effective July 1, 1999."

SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Royal of the 164th moved that the House adopt the report of the Committee of Conference on HB 699.

On the motion, 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

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
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 Y Lord Y Lucas Y Maddox
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 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

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

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Y Tteague Y Teper Y Tillman Y Tolbert

JOURNAL OF THE HOUSE

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, Spin-

On the motion, the ayes were 165, nays 0.
The motion prevailed.
Representative Holland of the 157th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon. HB 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 530

The Committee of Conference on HB 530 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 530 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Donzella J. James
Senator, 35th District
/s/ Horacena Tate Senator, 38th District
William M. Ray Senator, 48th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Bob Holmes Representative, 53rd District
/s/ Sistie Hudson Representative, 120th District
/s/ Stan Watson Representative, 70th District

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 relating 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 provisions relating to the way to qualify as an absentee elector; to change certain provisions relating to requesting absentee ballots; to provide that the board of registrars may establish other government buildings generally accessible to the public as additional registrar's offices or places of registration for the purpose of receiving absentee ballots and for the purpose of voting absentee ballots; to provide for the disposition of rejected absentee ballots; to change provisions relating to permissible activities of poll watchers; to

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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 provide that offering or receiving something of value for the purposes of voting or registering is a felony; 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.
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, relating 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 without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:
(1) In violation of the Constitution or laws of this state;
(2) In excess of the statutory uthority of the Secretary of State;
(3) Made upon unlawful procedures;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.
An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law."
SECTION 2.
Said chapter is further amended by striking Code Section 21-2-14, relating to the computation of time, and inserting in lieu thereof the following:

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"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 chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty."

SECTION 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 superintendent, and inserting in lieu thereof the following:
"21-2-76.

No pcraon who holds office in a political party at any level of such political party shall be eligible to serve as county election aupcrintondcnt during the term of such political party office. On and after April 16, 1006, the position of any county election aupcrin tcndcnt ahall be deemed vacant upon auch superintendent's aasuming 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, relating 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 preceding 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 probate court, sheriff, tax commissioner, and magistrate, the qualifying fee shall be 3 percent of the minimum salary provided by general law for the office, exclusive of cost-of-living increases and longevity increases. If not a salaried office, a reasonable fee shall be set by the 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 qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special

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election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;
(3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office."
SECTION 5.
Said chapter is further amended by striking subsection (c) of Code Section 21-2-132, relating 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 superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(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 municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday 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 commence no earlier than the date of the call and shall end no later than 25 days prior to the election.

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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 of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period."
SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating 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 January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to 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, to 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, te notice shall be filed with the superintendent 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 designation 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 his or her party in the cane of a primary;
(3) Filing his or her notice of candidacy in the case of an election;
(3) Filing his or her notice of candidacy in the case of a nonpartisan primary; and
(1) Filing his or her notice of candidacy as a write-in candidate,
designate the specific office he or she is seeking and , name the person such candidate 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 candidate qualifies with his or her party in the case of a primary, files a notice of candidacy 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-

WEDNESDAY, MARCH 24, 1999

2665

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.
(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 iuch candidate shall only oppose the other candidate or candidates, if any, designating 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 restriction on the number of offices for which an individual may be nominated or a candidate 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 er , 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 representative 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 commiaaioncr, tax collector, sheriff, judge of the superior court, county treasurer, county school aupcrintcndcnt, 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 desiring 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 voting purposes in the county in which the institution to which such person is committed is located; and
(13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such person's residence in this state; and

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(14) The county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the county or municipality of the person's residence."
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 convicted of a felony involving moral turpitude during the preceding calendar month in the county.
(b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed.
(c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics.
(d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall 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 subsection (a) of Code Section 21-2-381, relating 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

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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 permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; 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 ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-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 filling 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 absentee 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 therefrom 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 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 regulation 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, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from auch election. In any event, Notwithstanding the foregoing, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.

(2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application 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, entity, or organization shall require a voter to identify thereon which one of the legally acceptable categories of absentee electors listed in Code Section 21-2-380 authorizes the voter to vote by absentee ballot."

SECTION 11A.
Said chapter is further amended by striking subsection (a) of Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, and inserting in lieu thereof the following:

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"(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, er a government service center providing general government services, or another government building generally accessible to the public."
SECTION 12.
Said chapter is further amended by striking Code Section 21-2-384, relating to preparation 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, er obtain, and deliver an adequate supply of official absentee ballots^ cnvelopca, 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^-te 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 eligible, the board o^ 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 returned shall be entered on the application record therefor. The delivery of an absentee 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 applicant, 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 registrars 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.
(a.l) Notwithatanding any provision of law to the contrary, at least 31 daya prior to the presidential preference primary to be hold in 1003, the aupcrintcndcnt shall pro pare or obtain and deliver an adequate supply of official absentee ballota, cnvclopco, and other supplies aa required by thia article to the board of registrars) for uac in the prcaidcntial preference primary.
(b) In addition to the mailing envelope, the superintendent, board of registrars, or absentee 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 permit 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 ass. sting 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

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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 official absentee ballot, and the uniform instructions for the manner of preparing and returning 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 residence 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 ballot, 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 candidates, 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

Elector's Place of Birth

Month and Day of Elector's Birth
Signature or Mark of Elector
Oath of Person Assisting Elector (if any):
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 entitled 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:

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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 inspection 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 closing of the polls on the day of the primary or election."
SECTION 13.
Said chapter is further amended by striking Code Section 21-2-390, relating to delivery of election materials to clerk of superior court after the primary or election, and inserting in lieu thereof a new Code section to read as follows:
"21-2-390.

All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and unused rejected absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2-500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number unused rejected."
SECTION 14.
Said chapter is further amended by striking subsection (d) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof the following:
"(d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, using photographic or other electronic monitoring or recording devices, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words 'Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and either the precinct or tabulating

WEDNESDAY, MARCH 24, 1999

2671

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 return 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 certificates to the superintendent, to be deposited with the registrars. The board of registrars 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 machine 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. In no event shall a ballot container be opened at such other location or locations. The ballot container shall only be opened and the ballots counted at a tabulating machine center. 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 machine. The ballot cards of each polling place shall be plainly identified and not commingled 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, relating 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 paragraph (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 ordinances 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

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cast to fill such nomination or public office, such provision shall prevail. Otherwise, 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.
Said chapter is further amended by striking Code Section 21-2-570, relating to vote buying and selling, and inserting in lieu thereof a new Code section to read as follows:
"21-2-570.

Any person who buya or sells, offcra to buy or acll, or knowingly participates in the buying or selling of votes at any primary or election shall bo guilty of a felony. Any person who gives or receives, offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony."

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Representative Holmes of the 53rd moved that the House adopt the report of the Committee of Conference on HB 530.

On the motion, 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 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 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
Jenkins Jennings Jones Joyce Kaye
Lane Lewis Lord Lucas Maddox Mann Manning Y Martin, J N 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 N Powell Y Purcell Y Ragas
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 Y Sauder N 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 motion, the ayes were 130, nays 32.

WEDNESDAY, MARCH 24, 1999

2673

The motion prevailed.

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

The report of the Committee, which was favorable to the 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 E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan E 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
Evans
Y Everett Y Felton Y Floyd
Franklin Y Golick Y Graves Y Greene Y Grindley
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
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 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
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 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
Turnquest Y Twiggs Y Unterman
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 passage of the Bill, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon: 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.

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The following report of the Committee of Conference was read: COMMITTEE OF CONFERENCE REPORT ON HE 256

The Committee of Conference on HB 256 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 256 be adopted.
Respectfully submitted,

FOR THE SENATE: /s/ Polak
Senator, 42nd District /s/ Ray
Senator, 48th District /s/ Hecht
Senator, 34th District

FOR THE HOUSE OF REPRESENTATIVES: /s/ Martin Representative, 47th District /s/ E. Stephanie Stuckey Representative, 67th District /s/ Robert A. B. Reichert Representative, 126th District

A BILL
To amend the law concerning guardianships and similar agencies and powers; 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 amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency; to clarify that the agency created by the statutory form terminates upon the principal's death; 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 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; to provide that the probate court or superior court may direct a guardian of the person to exercise the powers of the principal under a health care agency; 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 meaning and effect as prescribed in the chapter; to provide that substantially similar forms may include forms from other states; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 24, 1999

2675

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 nd litcm shall receive for each day he serves as auch the aamc fee aa ia poid to witnesses 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.
Chapter 6 of Title 10, relating to agency, is amended by striking in its entirety Code Section 10-6-36, relating to the effect of a principal's incompetency on a power of attorney, and inserting in its place the following:
"10-6-36.

A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a guardian of the property or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power."
SECTION 3.
Said chapter is further amended by striking in its entirety Section 10-6-141, relating to the explanation for principals of the statutory form for power of attorney, and inserting in its place the following:
"10-6-141.

The following explanation for principals may be used with the Georgia Statutory Form for Financial Power of Attorney:
EXPLANATION FOR PRINCIPALS
WHAT IS A FINANCIAL POWER OF ATTORNEY?
This document is called a 'Financial Power of Attorney.' It allows you to name one or more persons to help you handle your financial affairs. Depending on your individual circumstances, you can give this person or persons complete or limited power to act on your behalf. This document does not give someone the power to make medical decisions or personal decisions for you.
WHAT CAN MY AGENT DO?
The 'Agent' is the person you give power to handle your financial affairs.
The 'Principal' is you.
Your decision to use this document is a very important one and you should think carefully about what financial decisions you want your Agent to make for you. With this document, you can give your Agent the right to make all financial decisions or only certain, limited decisions.

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For example, you can allow your Agent to handle all your financial affairs, including the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your stock, investments, or personal itemsT-Of, or you can allow your Agent to handle only certain or specific financial affairs such as to pay your monthly bills.
DO I GIVE ALL MY POWERS AWAY?
No. Even with this document, you can still handle your own financial affairs as long as you choose to or are able to.
You need to talk to your Agent often about what you want and what he or she is doing for you using the document. If your Agent is not following your instructions or doing what you want, you may cancel or revoke the document and end your Agent's power to act for you.
HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY?
You may revoke your financial power of attorney by writing a signed and dated revocation of power of attorney and giving it to your Agent. You should also give it to anyone who has been relying upon the financial power of attorney and dealing with your Agent, such as your bank and investment institutions.
Unless you notify all parties dealing with your Agent of your revocation, they may continue to deal with your Agent. You should contact a lawyer if your Agent continues to act after you have revoked the power of attorney.
WHEN DOES MY AGENT'S AUTHORITY END?
Unlcaa you say in the document when you want your Agent's power to end, your document As long as you are living, the financial power of attorney will remain in effect even if you become incapacitated or unable to communicate your wishes unless:
(DA guardian is appointed for your property; or (2) You include a date or specific occurrence when you want your document to be canceled.
However, upon your death or the death of your Agent or successor Agents, the document will be canceled and the Agent's power to act for you will end.
You can also include a date or a specific occurrence like your incapacity or illness as the time when you want your document to be canceled and your Agent's power to act for you to end.
WHEN DO THE POWERS TAKE EFFECT?
Depending on your circumstances, you may wish to specify an occurrence or a future date for the document to become effective. Unless you do so, it becomes effective immediately.
MUST MY AGENT DO THOSE THINGS I AUTHORIZE?
No. But if your Agent accepts this responsibility and agrees to act for you, he or she is required to sign and date the 'Acceptance of Appointment' contained in the financial power of attorney form.

WEDNESDAY, MARCH 24, 1999

2677

HOW DO I COMPLETE THIS DOCUMENT?
Both the Principal and the Agent should read the full document carefully before initialing or signing. The Principal and the Agent should fully understand what powers are being granted to the Agent and what restrictions, if any, exist.
Read each paragraph carefully. If you decide to give your Agent the power described in the paragraph, initial your name at the end of the paragraph.
If you do not wish to give your Agent the power described in a paragraph, strike through and initial the paragraph or any line within a paragraph.
HOW DO I EXECUTE THE DOCUMENT?
Two adult witnesses must watch you sign your name on the document. At least one witness cannot be the Principal's spouse or blood relative. After they witness you signing your name, the witnesses must sign their names.
This document does not need to be notarized unless real property transactions such as leasing, selling, or mortgaging of property are authorized.
THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL.
Do not let anyone pressure you into making a financial power of attorney, naming an Agent, or granting a power unless it is your choice.
If you do not understand any portion of this document, you should ask a lawyer to explain it to you."
SECTION 4. Said chapter is further amended by striking in its entirety Code Section 10-6-142, relating to the statutory form for financial power of attorney, and inserting in its place a new Code section to read as follows:
"10-6-142.
The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows:
FINANCIAL POWER OF ATTORNEY
County of _ State of Georgia
I, _______________, (hereinafter 'Principal'), a resident of _____ County, Georgia, do hereby constitute and appoint _______________ my true and lawful attorney-in-fact (hereinafter 'Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters:
(Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the paragraph and place your initials beside the stricken paragraph or stricken line.

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The powers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.)
1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. ____
2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. ____
Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal.
3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt. ____
4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper. ____
5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me. ____
6. Safe Deposits: To have free access at any time or times to any safe deposit box or vault to which I might have access. ____

WEDNESDAY, MARCH 24, 1999

2679

7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. ____
8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. _____
9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. ____
10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. ____
11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper.

12. Tax, Social Security, and Unemployment: To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. ____
13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. ____
14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional.
The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency:

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Note: The Principal may choose to designate one or more persons to determine conclusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Completion of this provision is optional.

The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred: _____________________

Signed:______

Principal

Agent
It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. Ay However, I understand that it shall be revoked and the Agent's power canceled in the event a guardian is appointed for my property. As long as no such guardian is appointed, any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability er, incapacity, or mental incompetence shall have the same force and effect as if I were competent and not disabled, incapacitated, or mentally incompetent.
I may, at any time, revoke this power of attorney, but it and it shall be canceled by my death. Otherwise, unless a guardian is appointed for my property, this power of attorney shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reliance thereon prior to the receipt of written revocation thereof signed by me and prior to receipt of actual notice of my death.
I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney.
All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney.
This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first.
Compensation of Agent. (Directions: Initial the line following your choice.)
1. My Agent shall receive no compensation for services rendered. ____
2. My Agent shall receive reasonable compensation for services rendered. ____
3. My Agent shall receive $______ for services rendered. ____
IN WITNESS WHEREOF, I have hereunto set my hand and seal on this ___ day of

Principal

WEDNESDAY, MARCH 24, 1999

2681

WITNESSES Signature and Address

Signature and Address
Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions.
I, _______________, a Notary Public, do hereby certify that _______________ personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney.

State of Georgia County of _____

Notary Public

ACCEPTANCE OF APPOINTMENT

I, _______________ (print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for _______________ (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following:

I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal.

I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifically designated as Agent for the Principal in the title.

I must protect, tatA conserve, and exercise prudence and caution in my dealings with} the Principal's funds and other assets.

I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal.

I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it.

I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal.

I hereby accept the foregoing appointment as Agent for the Principal with full knowledge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability.

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Dated:_________, 19_.
(Signature).
(Address).
Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions.
I, ________________, a Notary Public, do hereby certify that _______________ personally appeared before me this date and acknowledge the due execution of the foregoing Acceptance of Appointment.

Notary Public"

SECTION 5.
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:
(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.

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(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;
(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.

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(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.
(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

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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;
(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.

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(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.
(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.

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(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 6.
Said title is further amended by striking in its entirety subsection (c) of Code Section 31-36-6, relating to revocation or amendment of the agency, and inserting 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 on under a health care agency that survives disability, incapacity, or incompetency, the guardian of the person has no power, duty, or liability with respect to any personal or health care matters covered by the agency; provided, however, that no order usurping the authority of an agent known to the proposed guardian shall be entered 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 7.
Said title 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 delegation 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 attorney in substantially the following form is used, including the and notice paragraph in capital lettcra at the beginning, substantially similar to that contained in the form below has been provided to the patient, it shall have the same meaning and effect as 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 INSTITUTION; 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,

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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 SUCCESSOR 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 EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED 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 AFTER YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. THE POWERS YOU GIVE YOUR AGENT, YOUR RIGHT TO REVOKE THOSE POWERS, 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 EXPLAIN IT TO YOU.
DURABLE POWER OF ATTORNEY made this ____ day of _________, W_.

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, including 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, authorize an autopsy of my body, and direct the disposition of my remains.
THE ABOVE GRANT OF POWER IS INTENDED TO BE AS BROAD AS POSSIBLE SO THAT YOUR AGENT WILL HAVE AUTHORITY TO MAKE ANY DECISION 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 INTENT 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 subject to the following rules or limitations (here you may include any specific limitations 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-

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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 transfusion, 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 consider 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 treatment 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 accordance 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, AUTOPSY, OR DISPOSITION OF REMAINS IS AUTHORIZED, UNLESS A LIMITATION 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 ________________ (insert 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 ADDRESSES OF SUCH SUCCESSORS IN THE FOLLOWING PARAGRAPH:

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5. If any agent named by me shall die, become legally disabled, incapacitated, or incompetent, 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 PERSON NOMINATED BY YOU IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. YOU MAY, BUT ARE NOT REQUIRED TO, NOMINATE AS YOUR GUARDIAN THE SAME PERSON 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.
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 SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS.

WEDNESDAY, MARCH 24, 1999
Specimen signatures of agent and successor(s)

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I certify that the signature of my agent
and successor(s) is correct.

(Agent)

(Principal)

(Successor agent)

(Principal)

(Successor agent)

(Principal)"

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Representative Stuckey of the 67th moved that the House adopt the report of the Committee of Conference on HB 256.

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 Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Clark Y Coan E 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
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
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 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
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 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
Turnquest Y Twiggs Y Unterman Y Walker, L Y Walker, R.L Y Watson Y West
Westmoreland Y Whitaker Y Wiles
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 163, nays 0. The motion prevailed.

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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 hill 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 855

The Committee of Conference on HB 855 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 855 be adopted.
Respectfully submitted,

FOR THE SENATE: 1st Dean
Senator, 31st District Isl Hugh Gillis, Sr.
Senator, 20th District Gloria Butler Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES: Is! Robert E. Lane Representative, 146th District Isl Bobby E. Parham Representative, 122nd District Isl Greg Morris Representative, 155th District

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state; to provide for the design of such license plates; to provide that the net proceeds from the sale of such license plates shall be deposited into the state treasury; to provide a statement of intent that an amount equal to such funds be appropriated to the Department of Natural Resources for the operation of programs designed to enhance the bobwhite quail population in this state; to provide for the payment of public funds to landowners to improve quail habitat; to provide for a report of receipts and expenditures; to provide for the replacement of existing license plates with such special license plates; to provide for display of license plates issued in 1942 or earlier on motor vehicles manufactured in such years; to require the state revenue commissioner to have certain information relating to antique motor vehicles included in the Department of Revenue's computer information system applicable to the registration of motor vehicles; to change certain provisions relating to special license plates for firefighters; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, is amended by inserting at the end thereof the following:
"40-2-49.1.

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(a) In order to promote and financially provide for the restoration and enhancement of the bobwhite quail population by the Georgia Department of Natural Resources, there shall be issued beginning January 1, 2002, special license plates promoting such effort, which shall be known as the 'Bobwhite Quail Restoration Initiative.'
(b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation, restoration, and enhancement of the bobwhite quail population and the habitats upon which they depend. The bobwhite quail restoration initiative plate must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total characters do not exceed the sum of six. No two recipients shall receive identically numbered plates. Such design shall not provide space in which to indicate the name of the county of issuance.
(c) Notwithstanding the provisions of subsection (b) this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such license or other permission as may be required to implement this Code section. The design of the initial edition of the bobwhite quail restoration initiative license plate, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner.
(d) Beginning on January 1, 2002, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a bobwhite quail restoration initiative license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for bobwhite quail restoration initiative license plates in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of bobwhite quail restoration initiative license plates, less a $1.00 processing fee, which shall be granted to county tag offices per plate sold, and less the actual manufacturing cost of the plates, shall be deposited in the general fund of the state treasury. As soon as practicable after December 31 of each year, the commissioner shall report the net amount derived from the sale of bobwhite quail restoration initiative license plates to the Office of Planning and Budget and the Department of Natural Resources. It is the intent of the General Assembly that the General Assembly appropriate an amount equal to the net proceeds from the sale of such license plates to the Department of Natural Resources. The Department of Natural Resources shall utilize the funds so appropriated to conduct programs designed to enhance the bobwhite quail population in this state. Such programs may include the creation of habitat demonstration areas on state managed wildlife lands, education programs, technical assistance to private landowners in the creation and maintenance of bobwhite quail habitats on their lands, and projects to encourage public support for the license plate and the activities it funds. The Department of Natural Resources may enter into such contractual agreements as may be appropriate to further the objectives of the bobwhite quail restoration initiative, including entering into contractual agreements whereby private landowners, public agencies, or corporate entities create, preserve, or enhance habitat for bobwhite quail in return for the pay-

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ment of incentives. The Department of Natural Resources shall monitor the response of the bobwhite quail population to those habitat conservation activities to determine their effectiveness.

(f) An applicant may request a bobwhite quail restoration initiative license plate any time during the applicant's registration period. If a bobwhite quail restoration initiative license plate is to replace a current valid license plate, the department shall issue the bobwhite quail restoration initiative license plate with appropriate decals attached. When an applicant requests a bobwhite quail restoration initiative license plate at the beginning of the registration period, the applicant shall pay the tax together with all applicable fees.

(g) Bobwhite quail restoration initiative license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-42.

(h) Bobwhite quail restoration initiative license plates shall be issued within 30 days of application.
(i) The Department of Natural Resources shall submit a report to the chairpersons of the Senate Natural Resources Committee and the House Committee on Game, Fish and Parks detailing the receipt and expenditure of all appropriated funds and all funds received from the sale of bobwhite quail restoration initiative license plates as provided by this Code section to promote quail restoration. Such report shall be made not later than the second Monday of January of each year."
SECTION 2.
Said chapter is further amended by adding a new Code Section 40-2-41.1 to read as follows:
"40-2-41.1.

(a) As used in this Code section, the term "authentic historical Georgia license plate" means a license plate originally issued in the year 1942 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1942 or earlier pursuant to former motor vehicle registration laws of this state.
(b) The owner of any antique motor vehicle manufactured in 1942 or earlier and equipped with an engine manufactured in 1942 or earlier or manufactured to the specifications of the original engine shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside of the vehicle.
(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle.
(d) No later than January 1, 2001, the commissioner shall have installed within the Department of Revenue's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating

WEDNESDAY, MARCH 24, 1999

2695

to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be display on such antique motor vehicle."
SECTION 3.
Said chapter is further amended by striking subsections (b) and (e) of Code Section 40-278, relating to special license plates for firelighters, and inserting in lieu thereof the following:
"(b)(l) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the chief of such fire department shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regular license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chiefs letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(3) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25, were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25, and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this Code section the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired.
(c) The provisions of this Code section shall alao apply to certified fircfightcra of volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 26.".
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Representative Lane of the 146th moved that the House adopt the report of the Committee of Conference on HB 855.
On the motion, 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
Buckner Y Bulloch E Bunn Y Burkhalter
Y Byrd Y Callaway K 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 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
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 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
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 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
Smyre Y Snelling Y Snow Y Squires Y 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 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 motion, the ayes were 166, nays 0.
The motion prevailed.
The following report of the Committee on Rules was read and adopted: HOUSE RULES CALENDAR
WEDNESDAY, MARCH 24, 1999 Mr. Speaker and Members of the House: Your Committee on Rules met and submits the following supplemental to the calendar already adopted this March 24, 1999, by adding the following:
HR 642 House City of Atlanta and Fulton Co Local Govt Study Comm; create
SB 108 Pub Safety Uniform Div - use dept vehicle in approved off-duty job (Streat of the 19th)
SB 133 Speech-Language Pathologists - licensure, meetings of bd (Thomas of the 10th)
SR 184 Jt. Study Comm. on Regional Dev. Ctrs. & MAPD.Comm. (Price of the 28th)
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.

WEDNESDAY, MARCH 24, 1999

2697

Respectfully submitted, lei Smyre of the 136th
Chairman

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was taken up for consideration and read the third time:
HR 642. By Representatives Holmes of the 53rd, McKinney of the 51st, McClinton of the 68th, Felton of the 43rd, Martin of the 47th and others:
A resolution creating the House City of Atlanta and Fulton County Local Government 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 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 Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channell Y Childers Y Clark Coan E Coleman, B Y Coleman, T Y Connell Y Cooper Y Cox Y Crawford Y Cummings Y Davis, M

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
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 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
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 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
Stuckey Y Taylor
N 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 adoption of the Resolution, the ayes were 162, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Davis of the 132nd and Stuckey of the 67th 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, all Bills and Resolutions on the General Calendar were recommitted to the Committee from whence they came.

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The following Bills of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:
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 report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 210

The Committee of Conference on HB 210 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 210 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Richard O. Marable Senator, 52nd District
/s/ David Scott Senator, 36th District
/s/ Don Thomas Senator, 54th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Larry Walker Representative, 141st District
/s/ Alan T. Powell Representative, 23rd District
/s/ Robin Williams Representative, 114th District

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; to provide how certain amounts will be treated in lease transactions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle sales financing, is amended by striking paragraphs (1) and (13) of subsection (a) of Code Section 10-1-31, relating to definitions, and inserting respectively in lieu thereof new paragraphs (1) and (13) to read as follows:
"(1) 'Cash sale price' means the price stated in a retail installment contract for which the seller would have sold to the buyer and the buyer would have bought from the seller the motor vehicle which is the subject matter of the retail installment contract if such sale had been a sale for cash instead of a retail installment transaction. The cash sale price may include any taxes; registration, certificate of ti-

WEDNESDAY, MARCH 24, 1999

2699

tie, license, and other fees; and charges for accessories and their installation and for delivery, servicing, repairing, or improving the motor vehicle. The cash sale price may also include any amount paid to the buyer or to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on the motor vehicle which is the subject of a retail installment transaction under this article."
"(13) 'Time sale price' means the cash sale price of a motor vehicle, the amount included for insurance and other benefits if a separate charge is made therefor, official fees, and finance charges. The time sale price may also include, if it has not been included in the cash sale price, any amount paid to the buyer or to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on the motor vehicle which is the subject of a retail installment transaction under this article."
SECTION 2.
Said article is further amended by adding between Code Section 10-1-33 and Code Section 10-1-34 a new Code section to read as follows:
"10-1-33.1.

A retail installment seller may advance money to a buyer or pay money to a third party on behalf of the buyer to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a motor vehicle which is the subject of a retail installment transaction under this article. Any amount so advanced or paid may be financed as part of a retail installment contract and shall not be considered a loan. The transaction and the seller making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to industrial loans, from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans."
SECTION 3.
Said article is further amended by striking Code Section 10-1-39, relating to additional definitions, and inserting in lieu thereof a new Code section to read as follows:
"10-1-39.

In addition to the definitions provided for in Code Section 10-1-31, as used in Code Sections 10-1-40 and 10-1-41 through 10-1-42, the term:
(1) 'Induce' means to cause a buyer of a motor vehicle under a retail installment contract or a lessee of a motor vehicle under a motor vehicle lease contract to sublease the subject motor vehicle or to arrange for or cause such a buyer or lessee to be so induced.
(2) 'Lessee' means a person who obtains possession and use of a motor vehicle through a motor vehicle lease contract.
(3) 'Lessor' means any person who in the regular course of business or as a part of regular business activity leases motor vehicles under motor vehicle lease contracts or purchases motor vehicle lease contracts or any sales finance company that purchases motor vehicle lease contracts.
(4) 'Motor vehicle lease contract' means an agreement between a lessor and a lessee whereby the lessee obtains the possession and use of a motor vehicle for such period of time, for such purposes, and for such consideration as set forth in the agreement.

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(5) 'Subject motor vehicle' means the motor vehicle sold to a buyer under a retail installment contract or the motor vehicle obtained by a lessee under a motor vehicle lease contract.
(6) 'Sublease' means:
(A) To transfer possession of a motor vehicle which is the subject of a retail installment contract to a person who is not a party to that contract or to transfer or assign any of the buyer's rights or interests under the retail installment contract to such a person, whether or not such transfer or assignment is effective; or
(B) To transfer possession of a motor vehicle which is the subject of a motor vehicle lease contract to a person who is not a party to that contract or to transfer or assign any of the lessee's or lessor's rights or interests under the motor vehicle lease contract to such a person, whether or not such transfer or assignment is effective."
SECTION 4.
Said article is further amended by adding at the end thereof a new Code Section 10-1-42 to read as follows:
"10-1-42.

A lessor or the entity which sells the motor vehicle to the lessor for lease to a lessee may advance money to a lessee or pay money to a third party on behalf of the lessee to satisfy a lease on or a lien on or a security interest in a motor vehicle used as a trade-in on a mntor vehicle which is the subject of a motor vehicle lease contract. Any amount so advanced or paid may be included in the gross capitalized cost under the motor vehicle lease contract and shall not be considered a loan. Such advance and the seller or lessor making such advance or payment shall be exempt from the provisions of Chapter 3 of Title 7, relating to industrial loans, from the provisions of Chapter 4 of Title 7, relating to interest and usury, and from any other provision of Georgia law regulating loans."

SECTION 5.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Powell of the 23rd moved that the House adopt the report of the Committee of Conference on HB 210.

On the motion, 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
Birdsong Y Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown

Y Buck Buckner
Y Bulloch
E Bunn Y Burkhalter
Y Byrd Y Callaway
E 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 Y Everett
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
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, MARCH 24, 1999

2701

Y McKinney Y Millar
Y Mills Y Mobley
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
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
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 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 Whitaker
Y Wiles Williams, J
Y Williams, R Wix
Y Yates Murphy, Spkr

On the motion, the ayes were 156, nays 1.
The motion prevailed. 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 Annotated, 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 Annotated, 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON SB 72

The Committee of Conference on SB 72 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to SB 72 be adopted.
Respectfully submitted,

FOR THE SENATE: Isl Jack Hill
Senator, 4th District /s/ Richard O. Marable
Senator, 52nd District /s/ Phil Gingrey
Senator, 37th District

FOR THE HOUSE OF REPRESENTATIVES: Isl Jeanette Jamieson Representative, 22nd District Isl DuBose Porter Representative, 143rd District Isl Maretta M. Taylor Representative, 134th District

A BILL
To provide for various matters relating to elementary and secondary education, including attendance, instruction, student behavior, and allotment and grant of state funds; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; to amend Chapter 2 of Title 20 of the

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JOURNAL OF THE HOUSE

Official Code of Georgia Annotated, 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 and for the duties and funding of educational care teams; to provide for instructional activity relating to Veterans Day; to provide that persons who have reached their eighteenth birthday by September 1 and who have dropped out of school or withdrawn from school for one quarter or more after reaching age 18 shall not be automatically eligible for enrollment; to provide that any such person may apply for enrollment; to provide for factors to be considered in approving or disapproving such application for enrollment; to change certain provisions regarding special instructional assistance programs for students with developmental deficiencies; to provide for a midterm adjustment in the amount of funds appropriated and allocated for the program for limited-English-proficient students and for a method of counting the students served in that program; to change the provisions regarding program counts for students in the program established in Code Section 20-2-161.1; to provide that elementary and secondary schools may be closed on November 11 of each year in honor of veterans; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to change the standards for eligibility for middle school grants which relate to foreign language instruction; 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 authorize the juvenile court, upon the petition of a local board of education, to order parents or guardians to attend school conferences regarding their children's disciplinary problems; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child:
(A) Who is alleged to be delinquent;
(B) Who is alleged to be unruly;
(C) Who is alleged to be deprived;
(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;
(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or
(2) Involving any proceedings:
(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law;
(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;

WEDNESDAY, MARCH 24, 1999

2703

(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; r
(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion; or
(E) Brought by a local board of education pursuant to Code Section 20-2-766.1."
SECTION 2.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 3, relating to local boards of education, by adding at the end thereof a new Code Section 20-2-68 to read as follows:
"20-2-68.

Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally challenged, a local board of education may apply to the State Board of Education for the appointment of an educational care team for that school. The state board then may appoint an educational care team for that school. The educational care team shall consist of seven persons, each of whom has experience as a principal, teacher, or school administrator. Under the direction of the requesting local board of education, the educational care team shall conduct an investigation of the consistently underperforming or otherwise educationally challenged school, prepare a written evaluation of the school, and make nonbinding recommendations to the local board for improvements at the school in instruction in mathematics, science, reading and other English courses, and social science. The educational care team may also provide instruction and conduct staff development sessions. Subject to appropriation by the General Assembly, at least four educational care teams shall be funded for each fiscal year."
SECTION 3.
Said chapter is further amended by adding at the end of Part 2 of Article 6, relating to competencies and core curriculum under the "Quality Basic Education Act," 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."
SECTION 4.
Said chapter is further amended in Code Section 20-2-150, relating to eligibility for enrollment in the public schools under the "Quality Basic Education Act," by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a)(l) Except as otherwise provided by subsection (b) of this Code section and paragraph" (2) of this subsection, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent. This shall specifically include students who have not attained the age of 18 who have reenrol-

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JOURNAL OF THE HOUSE

led after dropping out and students who are married, parents, or pregnant. Special education students shall else be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, only if they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed. Other atudcnta who have not yet attained age 21 by September 1 or received high aehool diplomas or the equivalent ahall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more.
(2) Any child or youth who has attained the age of 18 but not the age of 20 by September 1 and who has dropped out of school or withdrawn from school for one quarter or more after his or her eighteenth birthday shall not be automatically eligible for enrollment but may apply in writing to the local unit of administration for enrollment. The local unit of administration, after considering relevant factors, including, but not limited to, the applicant's academic record, disciplinary record, and other factors which the applicant may present, shall permit an applicant to enroll or show reasonable cause why the applicant shall not be enrolled.
(3) Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These Such programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment. It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual."
SECTION 5.
Said chapter is further amended by striking Code Section 20-2-153, relating to special instructional assistance programs under the "Quality Basic Education Act" 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 eligible for the special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related 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 program, including specification of the student eligibility criteria to be applied, the allow-

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2705

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 number 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 documentation of the number of eligible students estimated to be served; provided, however, 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, any funds which are appropriated shall be directed toward addressing the needs of the youngest most needy eligible students in each local school system as identified by the local board of education in each local system."
SECTION 6.
Said chapter is further amended by striking in its entirety Code Section 20-2-156, relating to a program for limited-English-proficient students under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-156 to read as follows:
"20-2-156.

The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. 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 documentation of the number of eligible students estimated to be served; provided, however, 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, as modified in a midterm adjustment for the current fiscal year to reflect the actual count of students served on the date of the initial enrollment count conducted in October or November of that fiscal year pursuant to Code Section 20-2-160. Students in kindergarten through grade three shall be counted for a maximum of two one-sixth segments of the school day. Students in grades four through eight shall be counted for a maximum of three one-sixth segments of the school day. Students in grades nine through 12 shall be counted for a maximum of five one-sixth segments of the school day. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section."
SECTION 7.
Said chapter is further amended in Code Section 20-2-160, relating to student program counts under the "Quality Basic Education Act," by striking subsection (a) and inserting in its place the following:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the De-

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partment of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each onesixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 *ay shall be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection and for that portion of the day that the student is attending such eligible institution for those segments that would be eligible to be counted under this subsection if they were offered in that high school. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift fulltime equivalent program counts from the designated date to a requested alternate date."

SECTION 8.
Said chapter 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 under the "Quality Basic Education Act," 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."

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SECTION 9.
Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof a new Code section, to be designated as Code Section 20-2-258, to read as follows:
"20-2-258.

The State Board of Education shall provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student's teacher, and the student's parents to improve and enhance the student's academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, in order to discuss the terms of the compact. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 10.
Said chapter is further amended in Article 6, the "Quality Basic Education Act," by striking in its entirety Code Section 20-2-290, relating to the organization of schools, and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:
"20-2-290.

The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for middle school grants for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the aixticth pcrecntilc on a nationally normcd teat of reading achievement administered within the previous or current 3chool year as one of the language arts which arc required to meet the eligibility requirements for such grants. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for middle school grants if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards

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prescribed by the state board. If a local school system has a combination of qualified and nonqualified schools, it shall receive the middle school grant only for those students counted in the full-time equivalent count for the middle grades program in qualified middle schools."
SECTION 11.
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 attending 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 under such penalty 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 responsible; 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 delegate 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 another 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 12.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by adding a new Code section, to be designated as Code Section 20-2-766.1, to read as follows:
"20-2-766.1.

The local board of education may, by petition to the juvenile court, proceed against a parent or guardian for willful and unreasonable refusal to participate in efforts to improve the student's behavior. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-62 to enforce any order entered under this Code section."
SECTION 13.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 1999.

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(b) Section 2 of this Act shall become effective only when funds are specifically appropriated for the purposes of that section in an appropriations Act making specific reference to that section of this Act.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Porter of the 143rd moved that the House adopt the report of the Committee of Conference on SB 72.

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

Y Alien Y Anderson Y Ashe
Bailey
Bannister Y Barnard Y Barnes Y Benefield Y Birdsong
Bohannon Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E 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
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 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 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 Y Poag
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
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
Williams, J Y Williams, R Y Wix Y Yates
Murphy, Spkr

On the motion, the ayes were 159, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof: Mr. Speaker: The Senate has adopted the report of the Committee of Conference on the following bills of the House: 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.
HB 530. By Representatives Holmes of the 53rd, Hudson of the 120th, Scott of the 165th 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.
HB 699. By Representatives Royal of the 164th, Shanahan of the 10th, Smith of the 12th 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 strategies, 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.
HB 210. By Representatives Walker of the 141st, Parrish of the 144th, Floyd of the 138th and others:
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.
HB 855. By Representatives Lane of the 146th, Hanner of the 159th, Parham of the 122nd 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 vehicles generally, so as to provide for special license plates to fund programs relating to the restoration of the bobwhite quail population in this state.
The Senate has adopted the report of the Committee of Conference on the following bill of the Senate:
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 Annotated, 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 Annotated, 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.
The Senate has agreed to the House substitute to the following bill of the Senate:
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 Annotated, 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.

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The following Resolution of the Senate was taken up for the purpose of considering the Senate amendment to the House substitute thereto: SR 150. By Senator Thompson of the 33rd:
A resolution designating the Fred Lee Brady Bridge.
The following Senate amendment was read:

Amend the House Substitute to SR 150 by adding following the word and symbol "Highway;" on line 6 of page 1 the following:

"designating the William and Andre Cooper Memorial Highway; designating the Hamilton McWhorter, Jr., Highway; and designating the Herman H. Watson Memorial Bridge;".
By inserting between lines 21 and 22 the following:

"BE IT FURTHER RESOLVED that the portion of Panther Springs Road extending from the intersection of State Route Business to the intersection with the East West Connector in Cobb County is designated as the 'William and Andre Cooper Memorial Highway' and that the Department of Transportation is authorized and directed to maintain appropriate signs.

BE IT FURTHER RESOLVED that the bridge over the Pumpkinvine Creek in Paulding County on U.S. 278/Georgia Highway 6 is designated the 'Herman H. Watson Memorial Bridge' and the Department of Transportation is authorized and directed to erect and maintain appropriate signs.

BE IT FURTHER RESOLVED that the portion of Highway 78 between the city limits of Crawford and Lexington is designated the 'Hamilton McWhorter, Jr., Memorial Highway' and the Department of Transportation is authorized and directed to erect and maintain appropriate signs.

Representative Ehrhart of the 36th moved that the House agree to the Senate amendment to the House substitute to SR 150.

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 Y Callaway E Campbell Y Cash Y Channel!

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 Epps Evans 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 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 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

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

2712
Roberts Rogers Royal Sanders Sauder Scarlett Scheid Scott Shanahan Shaw 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 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 Tinman Y Tolbert
Trense Y Turnquest Y Twiggs Y Unterman
Y Walker, L

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

On the motion, the ayes were 167, nays 0.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the Senate were taken up for consideration and read the third time: 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.
The following amendments were read and adopted:
Representatives Smith of the 103rd, Epps of the 131st, Stallings of the 100th and West of the 101st move to amend SR 184 by adding in the title on page 1 preceding the words "and for other purposes" the following:
"creating the Joint West Georgia River Protection Act Study Committee;".
By inserting at the end of said resolution the following:
"Part 3
WHEREAS, the rivers of West Georgia are a vital and important resource which provide drinking water and recreational opportunities to the citizens of the State of Georgia; and
WHEREAS, the protection of these vital resources is critical to the prosperity of West Georgia and the citizens of the entire state; and WHEREAS, there exists a need for a thorough and comprehensive study of steps to protect and improve the waters of these rivers, to lessen the impact of development on these ecosystems, and to prevent the erosion of riverbanks in this area of the state; and WHEREAS, Coweta County has adopted zoning ordinances to protect these river corridors; and WHEREAS, Carroll, Heard, and Troup counties also have a vital interest in protecting these resources; and WHEREAS, a study should be undertaken to assist the General Assembly in determining the need for and details of a West Georgia River Protection Act to preserve and enhance the rivers of the above-named counties.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint West Georgia River Protection Act Study Committee, to be composed of five members of the Senate appointed by the President of the Senate and five members of the House of Representatives appointed by the Speaker of the House of Representatives, with consideration given to the appointment of those members of the General Assembly who represent Coweta, Heard, Troup, and Carroll counties. The President of the Senate and the Speaker of the House shall each designate a member of

WEDNESDAY, MARCH 24, 1999

2713

the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The committee shall stand abolished on December 1, 1999.".

Representative Trense of the 44th moves to amend SR 184 by adding after the semicolon on line 3 of page 1 the following:
"creating the State Commission on Drug Addiction;".
By adding after line 20 of page 2 the following:
"BE IT FURTHER RESOLVED that whereas drug addiction continues to wreak havoc upon the lives of many of Georgia's citizens thereby posing a threat to all of society; and
WHEREAS, drug addiction contributes in large measure to increased crime, especially robberies and burglaries to obtain funds needed to purchase drugs; and
WHEREAS, drug addicted mothers are unable to care adequately for their children often requiring state intervention to remove the children from the home because of neglect or abuse; and
WHEREAS, such abuse sometimes includes the mother prostituting herself and her children in order to obtain drugs; and
WHEREAS, the presence of a drug addict in the family seriously threatens the ability of that family to function appropriately; and
WHEREAS, drug addiction among those incarcerated in the state's jails, prisons, and youth detention facilities is either not treated or inadequately treated to ensure the incarcerated persons can avoid drug use upon their release; and
WHEREAS, the state needs to develop long-range plans to deal with the scourge of drug addiction without exclusively using punitive measures.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the State Commission on Drug Addiction to be composed of 12 members. Three of such members shall be members of the House of Representatives who shall be appointed by the Speaker of the House, with at least one being a member of the majority party in the House and at least one being a member of the minority party in the House. Three of such members shall be members of the Senate who shall be appointed by the President of the Senate, with at least one being a member of the majority party in the Senate and at least one being a member of the minority party in the Senate. Two of such members shall be appointed by the Governor who shall designate one of such appointees as chairperson and the other as vice chairperson of the commission. Three members shall be the commissioner, or such commissioner's designee, of the following departments: the Department of Human Resources, the Department of Correc-

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tions, and the Department of Juvenile Justice, and one member shall be the chairman, or such chairman's designee, of the State Board of Pardons and Paroles. The commission chairperson shall call all meetings of the commission.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission shall also collect available data regarding drug addiction in order to determine: by county, the number of addicts receiving treatment, according to gender, treatment method, and outcome, the projected number of addicts not receiving treatment, and the number of arrests involving drug offenses. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Legislative members and citizen members, if any, shall receive the expenses and allowances authorized by law for members of legislative members of interim legislative committees for their services on the commission but shall receive the same for not more than ten days unless additional days are authorized. Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The commission shall stand abolished on December 1, 1999."

Representative Smith of the 19th moves to amend SR 184 by inserting after the word "Commissions" on line 3 of page 1 the following:
"and creating the House Lake Lanier Water Quality Study Committee".
By inserting between lines 3 and 4 on page 1 the following:
"PART I".
By inserting after line 20 on page 2 the following:
"PART II
WHEREAS, Lake Lanier is the source of much of the drinking water for residents of this state; and
WHEREAS, Lake Lanier is also a prime recreational area for the state; and
WHEREAS, the shores of Lake Lanier are also the site of increasing residential and other development; and
WHEREAS, a thorough study should be made to assess how the various uses of Lake Lanier can be suitably balanced to ensure high water quality, commerce, and quality of life; and WHEREAS, long-range planning must be conducted with special emphasis upon the impact of increased population and development around the lake and the need to protect the lake from both natural and man-made pollution; and
WHEREAS, the possibility needs to be explored of creating a multijurisdictional authority to deal with these concerns.

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2715

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Lake Lanier Water Quality Study Committee to be composed of:
(1) Five members of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(2) One member from the Carl Vinson Institute of Government to be designated by the director of such institute;
(3) One member from the Army Corps of Engineers to be designated by the commander of that unit of such corps having jurisdiction over Lake Lanier; and
(4) Two citizen members having background and experience in water quality issues and to be appointed by the Speaker of the House of Representatives.
The members of the committee who are members of the House of Representatives shall elect one of such House members as chairperson. The full committee shall elect two of their members as vice chairperson and secretary. The chairperson shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Members of the committee who are officials or employees of any state department, other than the board of regents, shall receive no compensation for their services, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for such reimbursement shall come from funds appropriated to or otherwise available to their respective departments. All other members of the committee shall receive the expenses and allowances authorized by law for legislative members of interim legislative committees and those funds and all other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives. The members of the committee shall receive such allowances for not more than five days unless additional days are authorized. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 15, 1999. The committee shall stand abolished on December 1, 1999."

Representative Purcell of the 147th moves to amend SR 184 by striking line 3 of page 1 and inserting in lieu thereof the following:
"Commissions; creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; and for other purposes.
Part 1". By adding after line 20 on page 2 the following:
"Part 2 WHEREAS, art plays a meaningful role in the everyday lives of our citizens and in the overall education of both youths and adults; and WHEREAS, art embodies historical and sustaining importance to the State of Georgia as a visual representation of our heritage and further provides cultural enlightenment for our citizens; and

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JOURNAL OF THE HOUSE

WHEREAS, the Secretary of State of Georgia is proud to coordinate the public exhibition and maintenance of art work in the Capitol and Capitol Education Center and seeks to work in cooperation with the Georgia Building Authority for art at the Governor's Mansion; and
WHEREAS, there is an impending need for policies and procedures to guide the collection, acquisition, deaccessioning, preserving, and displaying of art work in the Capitol, Capitol Education Center, and the Governor's Mansion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Art Policies for the Capitol and Governor's Mansion to be composed of four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, four members of the Senate to be appointed by the President of the Senate, four members appointed by the Governor, and the executive director of the Georgia Building Authority or his or her designee. The Secretary of State shall serve as a member and chairperson of the committee. The committee shall meet at the call of the chairperson.
BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. The event the committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, to the Governor and General Assembly on or before December 31, 1999. The committee shall stand abolished on December 31, 1999.".

Representative Sims of the 167th moves to amend SR 184 by adding after the semicolon on line 3 of page 1 the following:
"creating the Joint Manufactured Housing Study Committee;".
By adding after line 20 of page 2 the following:
WHEREAS, manufactured housing constitutes 28 percent of the new single family housing in Georgia and the manufactured housing industry is an important resource to the prosperity of Georgia; and
WHEREAS, manufactured homes are subject to disparate treatment in this state with respect to taxation, zoning, transport, and regulation; and
WHEREAS, an overall comprehensive study should be undertaken to assist the General Assembly in determining the need for uniform treatment of manufactured homes in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Manufactured Housing Study Committee, to be composed of three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.

WEDNESDAY, MARCH 24, 1999

2717

BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1999. The committee shall stand abolished on December 1, 1999.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

Alien Anderson Ashe Bailey Bannister Barnard Barnes Benefield Birdsong Bohannon Bordeaux Borders Bridges Brooks Brown Buck Buckner Bulloch Bunn Burkhalter Byrd Callaway E Campbell Y Cash Channell Childers Clark Coan Coleman, B Coleman, T Connell C: -er
Crawford Cumr.ings 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 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
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
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
Powell Y Purcell Y Ragas
Randall Y Hay Y Reaves Y Reece Y Reed Y Reese Y 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 N Snelling Y Snow Y Squires Y Stallings
Stancil Y Stanley, P Y Stanley-Turner
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, as amended, the ayes were 161, nays 2. The Bill, having received the requisite constitutional majority, was passed, as amended.

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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 following Committee substitute was read:

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 subject to a contract with the Department of Public Safety; to provide for such conditions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety Code Section 35-2-56, relating to the use of motor vehicles or other equipment by members of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new Code Section 35-2-56 to read as follows:
"35-2-56.
(a) Except as otherwise provided in subsection (b) of this Code section, no Ne department motor vehicles shall be used by any member of the Uniform Division except in discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner. The commissioner shall adopt rules and regulations governing the use of equipment subject to approval of the Board of Public Safety.
(b)(l) Members of the Uniform Division may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the Department of Public Safety and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission;
(B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and
(C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee.
(2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind."

WEDNESDAY, MARCH 24, 1999

2719

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Williams of the 114th and Parham of the 122nd move to amend the Committee substitute to SB 108 by inserting after "conditions;" on line 7 of page 1 "to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception for taxicab self-insurers located in counties of 400,000 or less population;".
By inserting between lines 18 and 19 of page 2 the following:

"SECTION 1A.
Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, is amended by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:
'(G) Until December 31, i998 2000, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, iSW 1998.'"

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
Bannister N Barnard Y Barnes Y Benefield Y Birdsong Y Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd Y Callaway E Campbell Y Cash Y Channel! Y Childers Y 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
Heckstall
y Hegstrom yY Hembree
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
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

Pelote Pinholster Poag Ponder Porter
Powell
Purcell Ragas Randall Ray
Reaves Reece Reed Reese Rei chert Rice Richardson Roberts
Rogers
Royal Sanders Sauder Scarlett
Scheid Scott
Shanahan
Shaw

2720
Y Shipp Y Sholar Y Sims Y Sinkfield Y Skipper Y Smith, B Y Smith, C Y Smith, C.W Y Smith, L

JOURNAL OF THE HOUSE

Y Smith, L.K 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
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, as amended, the ayes were 158, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 Annotated, 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 following Committee substitute was read:
A BILL
To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to change the provisions relating to definitions; to change the provisions 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; to repeal existing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, is amended by striking paragraphs (6) and (7) of Code Section 43-44-3, relating to definitions, in their entirety and inserting in their places the following:
"(6) "The practice of audiology' means the application of principles, methods, and procedures of identification of hearing loss, measurement, testing, evaluation, case management, prediction, prevention, consultation, counseling, instruction, and research related to hearing, hearing and disorders, of hearing for the purpose of modi fying communicative disorders involving Bpccch, language, auditory behavior, or other aberrant behavior related to hearing loaa; and auditory and vestibular function and dysfunction; intervention as related to such principles, methods, and procedures; interpretation of the results of such principles, methods, and procedures; the evaluation, recommendations, fitting, and dispensing of hearing aids, auditory trainers, and other assistive devices designed to ameliorate the effects of a hearing disorder; and the planning, directing, conducting, f>r and participating in programs of identification, hearing conservation^ programs and programs of habilitation, ad rehabilitation, and intervention for disorders of hearing, auditory function and processing, and vestibular function, including hearing aid recommendation and evaluation proccdurca auch aa, but not limited to, specifying amplification rcquircmcnta and evaluation of the results thereof, auditory training, and speech reading speech-

WEDNESDAY, MARCH 24, 1999

2721

reading, and vestibular rehabilitation, which vestibular function and rehabilitation the audiologist is qualified to perform by virtue of education, training, and experience.
(7) 'The practice of speech-language pathology' means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, intervention, research, habilitation, or rehabilitation related to the development and disorders of speech, voice, or language including but not limited to voice, resonance, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, er modifying, or otherwise treating such disorders and conditions in individuals or groups of individuals."
SECTION 2.
Said chapter is further amended by striking Code Section 43-44-5, relating to meetings and officers, in its entirety and inserting in its place the following:
"43-44-5.

(a) The board shall hold a regular annual meeting at which it shall elect from its membership a chair chairperson and vice chair vice chairperson. The board ahall meet not leaa than once each year and not more than eight timca per year aa nccos aary. In addition to its annual meeting, the board shall hold such other meetings as are necessary for the performance of its duties under this chapter. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. The board may alao meet at aueh other times as may be requested by the joint accrc tary or determined by the board but shall not be componaatcd therefor under thia

(b) The joint accrctary shall notify each member of the board by mail in advance of the time and place of any meeting of the board."
SECTION 3.
Said chapter is further amended by striking Code Section 43-44-7, relating to license requirements and exemptions, in its entirety and inserting in its place the following:
"43-44-7.
(a) No person shall practice or hold himself or herself out as being able to practice speech-language pathology or audiology in this state unless that person is licensed in accordance with this chapter. Nothing in this chapter, however, shall be construed so as to prevent a person licensed under any other law of this state from operating within the scope of that person's license.
(b)(l) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party, except for Medicaid.
(2) Registration as a speech-language pathology aide is not required of a public education communication aide while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party.
(c) Nothing in this chapter shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this chapter.

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JOURNAL OF THE HOUSE

(d) Licensees shall conspicuously post their speech-language pathology or audiology license at all times in their principal office or place of business.
(e) Nothing in this chapter shall be construed to entitle any person licensed under this chapter to engage in the practice of selling and dispensing hearing aids unless such person is licensed as an audiologist under this chapter.
(f) Nothing in this chapter shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under the laws of this state.
(g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his or her license or the performing of hearing testing by persons acting under the supervision of a licensed physician, provided that the physician must be on the premises while such acts are being performed.
(h) A person who is not licensed as an audiologist may perform nondiagnostic electrophysiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification of communication disorders in infants under the age of three months, provided that:
(1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter;
(2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist;
(3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as 'pass or fail' or 'pass or refer.'
(4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and
(5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic information; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation."
SECTION 4.
Said chapter is further amended by striking paragraphs (1) and (4) of subsection (a) of Code Section 43-44-8, relating to license requirements, in their entirety and inserting in their respective places the following:
"(1) Hold a baccalaureate master's or higher degree, with a major emphasis in speech-language pathology or audiology, or both, from an accredited educational institution offering a graduate program in speech-language pathology or audiology, or

WEDNESDAY, MARCH 24, 1999

2723

"(4) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested. This clinical experience must be obtained under the supervision of one or more licensed speech-language pathologists or audiologists or one or more persons whose education and experience is the substantial equivalent of a licensed speech-language pathologist or audiologist. Supervision must be provided by individuals licensed or qualified in the appropriate area. This experience must follow completion of the requirements listed in paragraphs (1), (2), and (3) of this subsection. 'Full-time' is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of halftime paid experience of at least 15 hours per week which must be completed within a period of 36 months;".
SECTION 5.
Said chapter is further amended by adding a new subsection (b.l) after subsection (b) of Code Section 43-44-11, relating to temporary licenses, to read as follows:
"(b.l) The board may, in its discretion, upon payment of fees, grant a temporary license to an applicant who has satisfied the requirements of paragraphs (1), (2), and (3) of subsection (a) of Code Section 43-44-8 and who is engaged in a paid clinical experience pursuant to paragraph (4) of said subsection. Such temporary license shall be valid for one year and subject to renewal for only one additional year. A person holding a temporary license shall be subject to the same disciplinary action as a person holding a full license."
SECTION 6.
This Act shall become effective on 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 Trense of the 44th moves to amend the Committee substitute to SB 133 by striking lines 11 through 28 on page 5 and inserting in lieu thereof the following:
" '(4) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested. This clinical experience must be obtained under the supervision of one or more licensed speech-language pathologists or audiologists or one or more persona whose education and experience ia the substantial equivalent of a liecnacd speech language pathologist or audiologiat speechlanguage pathologists or audiologists who hold the Certificate of Clinical Competence of the American Speech-Language-Hearing Association. Supervision must be provided by individuals licensed or qualified certified in the appropriate area. This experience must follow completion of the requirements listed in paragraphs (1), (2), and (3) of this subsection. "Full-time" is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of half-time paid experience of at least 15 hours per week which must be completed within a period of 36 months;'".
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.

2724

JOURNAL OF THE HOUSE

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

Y Alien Y Anderson
Y Ashe Bailey
Y Bannister Y Barnard Y Barnes Y Benefield
Y Birdsong Bohannon
Y Bordeaux Y Borders Y Bridges Y Brooks Y Brown
Y Buck Buckner
Y Bulloch E Bunn Y Burkhalter Y Byrd
Y Callaway E Campbell Y Cash Y Channel! Y Childers Y Clark Y Coan
E Coleman, B Y Coleman, T Y Cornell 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 N Dukes Y Ehrhart Y Epps Y Evans
Everett Y Felton
Floyd
Y 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 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 N Martin, J Y Martin, J.L Y Massey N 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 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 N 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, by substitute, as amended, the ayes were 159, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Representative West of the 101st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon: 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 100
The Committee of Conference on HB 100 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 100 be adopted.

WEDNESDAY, MARCH 24, 1999

2725

Respectfully submitted,

FOR THE SENATE:
1st Charles W. Walker Senator, 22nd District
/s/ Nathan Dean Senator, 31st District
Is/ Richard O. Marable Senator, 52nd District

FOE THE HOUSE OF REPRESENTATIVES:
/s/ Terry L. Coleman Representative, 142nd District
/s/ Larry Walker Representative, 141st District
/s/ Jackson Representative, 112th District

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 organization and personnel of the Department of Banking and Finance, so as to provide that the salary of the commissioner of banking and finance shall be set by the Governor; to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the salary of the commissioner of veterans service shall be set by the Governor with additional compensation to come from the United States government; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that the salaries of the commissioner of corrections and the members of the board of pardons ar,d paroles shall be set by the Governor; to amend Code Section 45-7-4, relating to thu compensation of certain state officials, so as to change provisions relating to the compensation of certain such officials; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, so as to provide that the salary of the state revenue commissioner shall be set by the Governor; to amend Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, so as to provide that the salary of the commissioner of administrative services shall be set by the Governor; to provide that certain increases shall be cumulative; 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 2 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the organization and personnel of the Department of Banking and Finance, is amended by striking Code Section 7-1-31, relating to the position and term of the commissioner, and inserting in lieu thereof a new Code section to read as follows:
"7-1-31.
(a) The head of the department shall be the commissioner who shall exercise supervision and control over all divisions and employees of the department.
(b) The commissioner shall be appointed by the Governor, by and with the advice and consent of the Senate, for a four-year term. The initial term of the commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term. Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor."

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JOURNAL OF THE HOUSE

SECTION 2.
Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, is amended by striking Code Section 38-4-7, relating to the compensation and duties of the commissioner of veterans service, and inserting in lieu thereof a new Code section to read as follows:
"38-4-7.

(a) The commissioner ahall be compensated aa provided in Code Section 45 7 4. The compcnaation Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and shall be paid in semimonthly installments. Such salary shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(b) The commissioner, as executive and administrative officer of the Department of Veterans Service and the board, shall be in charge of the administration of all matters pertaining to veterans' affairs under this article and in conformity with rules and regulations of the board.
(c) It shall be the duty of the commissioner:
(1) To effectuate and carry out the laws of the state pertaining to veterans and to perform the duties required of him or her by law and by regulation of the board;
(2) To furnish information to all veterans of all wars in which the United States has engaged as to their rights and benefits under federal legislation, state legislation, or local ordinances;
(3) To assist all veterans, their dependents, and beneficiaries in the preparation and prosecution of claims before appropriate federal governmental departments;
(4) To report any evidence of incompetency, dishonesty, or neglect of duty on the part of any employee of a governmental agency dealing with veterans' affairs to the proper authority; and
(5) Generally to do and perform all things for the promotion of, in the interest of, and for the protection of the veterans of this state as to their rights under all federal and state laws."
SECTION 3.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking Code Section 42-2-6, relating to the duties and compensation of the commissioner of corrections, and inserting in lieu thereof a new Code section to read as follows:
"42-2-6.

(a) There is created the position of commissioner of corrections. The commissioner shall be the chief administrative officer of the department. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this
title.

WEDNESDAY, MARCH 24, 1999

2727

(b) The commissioner shall be appointed by and shall serve at the pleasure of the board. The salary, Beginning July 1, 1999, the salary of the commissioner shall be set by the Governor and the expenses^ and allowances of the commissioner shall be as set by statute."
SECTION 4.
Said title is further amended by striking Code Section 42-9-5, relating to the compensation of the members of the board of pardons and paroles, and inserting in lieu thereof a new Code section to read as follows:

The members of the board shall devote their full time to the duties of their office. Beginning July 1, 1999, the salaries of the members of the board shall be set by the Governor and their The oalarica, travel expenses; and costs of lodging and meals of the members of the board shall be paid as provided in Code Soctiona 46 7 4 and Section 45-7-20."
SECTION 5. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, is amended by striking paragraphs (4) through (21) of subsection (a) and inserting in place thereof new paragraphs (4) through (21) to read as follows:
"(4) Commissioner of Agriculture............................................... 67,766.00 100,429.00
(5) Attorney General, effective January 1, 1995...................... 90,000.00 114,633.00
(6) State auditor........................................................................... 67,336.00 99,608.00
(7) Commissioner of Insurance................................................... 67,744.00 100,396.00
(8) Reserved. Commioaioncr of eorrcetiona................................................... 66,677.00
(9) Commissioner of Labor.......................................................... 67,766.00 100,418.00
The above amount of salary for the Commissioner of Labor shall include any compensation received from the United States government and the amount of state funds paid shall be reduced by the amount of compensation received from the United States government.
(10) Reserved. Each member of the State Board of Pardono and Paroles 66,167.00
(11) Each member of the Public Service Commission............. 66,100.00 96,655.00
(12) Reserved. State revenue commissioner................................................. 66,437.00
(13) State School Superintendent............................................... 60,315.00 102,708.00
(14) Secretary of State............................................................. 67,756.00 102,708.00
(15) Reserved. Commissioner of votcrana acrviec ....................................... 67,363.00
The above amount of oalary for the commiBaioncr of veterans acrvicc shall include any compensation received from the United Statca government and the amount of atato funda paid shall be reduced by the amount of compcnaation received from the United States government.

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(16) Reserved. CommiaBioncr of banking and finance...................... 66,678.00
(17) Reserved. Commissioner of administrative services ........................... 66,676.00
(18) Each Justice of the Supreme Court.................................. 106,240.00 139,418.00
(19) Each Judge of the Court of Appeals................................. 104,583.00 138,556.00
(20) Each superior court judge................................................... 76,544.00 99,862.00
Each superior court judge shall also receive any supplement paid to such judge by the county or counties of such judge's judicial circuit as may be provided for by law. Each superior court judge shall also receive reimbursement of travel expenses as provided by law.
(21) Each district attorney.......................................................... 67,281.00 88,635.00
Each district attorney shall also receive any supplement paid to such district attorney by the county or counties of such district attorney's judicial circuit as may be provided for by law. Each district attorney shall also receive reimbursement of travel expenses as provided by law."
SECTION 6. Said Code section is further amended by striking the introductory language and first subparagraph of paragraph (22) of subsection (a) and inserting in lieu thereof the following:
"(22) Each member of the General Assembly........................... 10,000.00 16,200.00 (A) When cmploycco of the executive, judicial, and legislative branches of govern mont receive a coat of living inercaac of a certain pcrecntago, the mcmbcro of the General Assembly shall receive a cost of-living increase of one-half the percentage applicable to ouch state employees Reserved."
SECTION 7. Said Code section is further amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) As a cost-of-living adjustment except as qualified below as to members and member-officers of the General Assembly, the annual salary of each state official whose salary is established by Code Section 45-7-3, this Code section, and Code Sections 45-7-20 and 45-7-21, other than including members of the General Assembly, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Speaker Pro Tempore of the House of Representatives, may be increased by the General Assembly in the General Appropriations Act by a percentage not to exceed the average percentage of the general increase in salary as may from time to time be granted to employees who arc in the claaaificd service of the atatc merit system of the executive, judicial, and legislative branches of government. However, any increase for such officials shall not include within-grade step increases for which classified employees of the state merit system are eligible. Any increase granted pursuant to this subsection shall become effective at the same time that funds are made available for the increase for such employees, except increases for members and member-officers of the General Assembly. That portion of the increase determined by the Legislative Services Committee to reflect a cost-of-living increase based upon objective economic criteria shall become effective for members and member-officers at the same time that funds are made available for the increase for such employees. The balance of the in-

WEDNESDAY, MARCH 24, 1999

2729

crease for members and member-officers of the General Assembly shall become effective on the convening of the next General Assembly in January of the next odd-numbered year. The Office of Planning and Budget shall calculate the average percentage increase."

SECTION 8.
Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization of the Department of Revenue, is amended by striking Code Section 48-2-2, relating to the office of the state revenue commissioner, and inserting in lieu thereof a new Code section to read as follows:
"48-2-2.

(a) The office of state revenue commissioner is created.

(b) The commissioner shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor.

(c) 3%e Beginning July 1, 1999, the commissioner shall receive an annual salary as provided by law to be set by the Governor, payable monthly or semimonthly, which shall be his or her total compensation for services as commissioner. The commissioner shall not be entitled to receive a contingent expense allowance, except that the commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(d) The commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his such office, which oath shall be in addition to the oath required of all civil officers.

(e) The commissioner shall be personally liable to the state for any losses occasioned to it by his or her own intentional acts of misconduct. To indemnify the state for any such losses, the commissioner, upon beginning his or her duties, shall execute and file with the Governor an official surety bond approved as to form and sufficiency by the Attorney General in the amount of $100,000.00. The premium on the commissioner's bond shall be paid as an expense of the department."
SECTION 9.
Article 1 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions governing the Department of Administrative Services, is amended by striking Code Section 50-5-1, relating to the creation of the department and the appointment of a commissioner, and inserting in lieu thereof a new Code section to read as follows:
"50-5-1.

There is created a Department of Administrative Services. The department head is the commissioner. The commissioner shall be appointed by the Governor by and with the advice and consent of the Senate. The commissioner shall serve at the pleasure of the Governor and shall receive a salary to be set by the Governor."

SECTION 10.
If the appropriations Act for the fiscal year beginning July 1, 1999, and ending June 30, 2000, provides a percentage increase in salary for the officials affected by this Act, as authorized in subsection (b) of Code Section 45-7-4, such percentage increase shall be cumulative and in addition to the increases provided under Section 5 of this Act.

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SECTION 11.
This Act shall become effective on July 1, 1999, except that Sections 6 and 7 of this Act shall become effective on the convening date of the 2001 session of the General Assembly of Georgia.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 100.

On the motion, 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 N Bridges Y Brooks N Brown Y Buck
Buckner N Bulloch E Bunn
Burkhalter Y Byrd N Callaway E Campbell Y Cash Y Channel! Y Childers N Clark N Coan E Coleman, B Y Coleman, T Y Connell N Cooper N Cox N Crawford Y Cummings N Davis, M

N Davis, T Y Day Y Dean Y DeLoach, B Y DeLoach, G N Dix Y Dixon
Y Dodson Y Dukes N Ehrhart Y Epps N Evans
Everett Y Felton Y Floyd N Franklin N Golick Y Graves Y Greene N Grindley N Hammontree Y Hanner Y Harbin N 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 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 Y Manning Y 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 N Mueller Y O'Neal Y Orrock Y Parham
Y Parrish Y Parsons

Y Pelote
N Pinholster
N Poag N Ponder Y Porter
Powell
Y Purcell Y Ragas
Randall
Y Ray Y Reaves N Reece
Reed N Reese Y Reichert N Rice N Richardson
Y Roberts N 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 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 Y Smith, V Y Smyre N Snelling Y Snow Y Squires Y Stallings N Stancil
Y Stanley, P Y Stanley-Turner Y Stephens N Stokes Y Stuckey Y Taylor Y Teague Y Teper Y Tillman Y Tolbert Y Trense Y Turnquest Y Twiggs N Unterman Y Walker, L N Walker, R.L Y Watson Y West Y Westmoreland Y Whitaker N Wiles
Williams, J Y Williams, R N Wix N Yates
Murphy, Spkr

On the motion, the ayes were 114, nays 54.
The motion prevailed.
Representatives Everett of the 163rd and Williams of the 83rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "nay" thereon.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

WEDNESDAY, MARCH 24, 1999

2731

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 Senate substitute was read:

A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, 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 an election by the legal parent in such parent's surrender of rights as to the operation of such surrender in the event that an adoption petition is not filed within the statutory period, or such petition is filed within the statutory period but is concluded without an order for adoption; to provide that election of return to that legal parent or guardian shall not be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance; to provide for 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."

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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 a person related to the child by blood or marriage or with a member of the child's extended family or with a pcraon related to the child by blood or mar riagc. An exhaustive 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 cuaablo 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 as follows according to the election made therein by the legal parent or guardian of the child:
(1) In favor of that legal parent or guardian, with the express stipulation that neither this nor any other provision of the surrender shall be deemed to impair the validity, absolute finality, or totality of the surrender under any other circumstance^ once the revocation period has elapsed;
(2) In favor of the licensed child-placing agency designated in the surrender of rights, if any; or
(3) If the legal parent or guardian is not designated and no child-placing agency is designated in the surrender of rights, or if the designated child-placing agency declines to accept the child for placement for adoption, 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."

WEDNESDAY, MARCH 24, 1999

2733

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 (f)(d) of Code Section 19-8-26."
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 (f> (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^; or
(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 (1) or (2) of this subsection where the court determines by clear and convincing evidence that the:

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(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 docs 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 a meaningful, supportive, 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 $260.00 together with approved reasonable and ncecosary out of-pockct expenses."
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 righta by a biological father who is not the legal father pursuant to paragraph (3) of subsection (c) of Code Section 10 8 4 ahall conform substantially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO BIOLOGICAL FATHER;
Thia ia an important legal document and by signing it you arc surrendering all of your right, title, and claim to the child identified herein, 30 aa to facilitate the child's placement for adoption. You arc 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.

WEDNESDAY, MARCH 24, 1999

2735

I, the undersigned, biological father of a (male) (female) child, born(inacrt name of ehiMHe-(in3cit name of mother) on (inacrt birthdatc of child), being aolieitoua 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 thia surrender.

I, the undersigned, do hereby surrender the child to (inacrt name of child-placing agency or Department of Human Rcoourcca, as applicable-) and promiac not to interfere in the management of the child in any rcapcet whatever; and, in consideration of the benefits guaranteed by (insert name of child placing agency or Department of Human Rcaoureca, aa applicable) in thua providing for the child, I do rclinquioh all right, title, and claim to the child herein named, it being my wiah, intent, and purpose to relinquish abaolutcly all control over the child.

Furthermore, I hereby agree that the (inacrt name of child placing agency or Be partmcnt of Human Resources, ao applicable) may seek for the child a legal adoption by such pcraon or persona aa may be choacn by the (insert name of child-plac istg- agency or Department of Human Resources, aa applicable) or ita authorized agcnta, without further notice to me. I do, furthermore, expressly waive any other notice or acrvicc in any of the legal procccdingo for the adoption of the child.

Furthermore, I understand that under Georgia law the Department of Human Re sources or the child placing agency 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 auch department or agency in the conduct of its investigation.

Furthermore, I hereby certify that I have received a copy of thia document and that I understand I may only withdraw thia 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 Rcaourccs, aa applicable) within ten daya from the dote hereof; that the ten days shall be counted conaccutivcly 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 ia 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 prcaaurc in the execution of this surrender document and do so freely and voluntarily.

Witncaa my hand and seal this

day of

_(SEAL) (Biological father)

Unofficial witness

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:

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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.

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 te as follows:
(Mark one of the following as chosen)
I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or
I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or
I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, 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.

WEDNESDAY, MARCH 24, 1999

2737

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 Huma-Reseafees 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 etepartmeat agent in the conduct of rts 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.

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 father who is not the legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 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.

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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, to (insert name of each pcraon-4e whom surrender is made), PROVIDED each aueh pcraon ia named aa 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. Furthci'nioi'c, I 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 is made) in thua 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 ia alao my wish, intent, and purpoac that if each aueh pcraon ia not named aa petitioner in a petition for adoption filed aa provided for above within the 60 day period, other than for excusable neglect, then I do hereby aurrcndcr the child to the Department of Human Rcaoureca 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 this aurrcndcr.
Furthermore, I hereby agree that the child is to be adopted cither by each poraon named above or by any other pcraon 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 Resources 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.

WEDNESDAY, MARCH 24, 1999

2739

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) (Biological father)

Unofficial witness
Sworn to and subscribed before me this day of

Notary public (SEAL)

My commission expires

."

"(f) The surrender 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;

This is an important legal document and by aigning it you arc surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's 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 days from the date you sign it.

I, the undersigned, biological father of a (male) (female) child, borntiaacrt name of child)-te-(iaacrt name of mother) on (insert birthdatc of child), being solicitoua that aaid child should receive the benefits and advantages of a good home, to the end that (ahc) (he) may be fitted for the requirements of life, consent to this surrender.
I, the undersigned, do hereby aurrcndcr the child to (insert name of each person to whom aurrcndcr io made), and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name of each person to whom surrender ia made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wiah, intent, and purpose to relinquish absolutely all control over the child.
Furthermore, I hereby agree that (insert name of each pcraon to whom surrender io made) may initiate legal proceedings for the legal adoption of the child, without fur thcr 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.

2740

JOURNAL OF THE HOUSE

Furthermore, I understand that under Georgia law the Department of Human Re 3ourec3 may be required to conduct on 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 in the conduct of its invcatigation.

Furthermore, I hereby certify that I hove received a copy of thia document and that I understand I may only withdraw thia surrender by giving written notice, delivered in person or mailed by registered mail, to (iascrt name and addrcoo of each person t whom aurrcndor ia mode) 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 ahall 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 subjected to any durcaa or undue prcaaurc in the execution of thia aurrcndcr document and do so freely and voluntarily.

Witness my hand and seal thia

day of

(SEAD (Biological father)

Unofficial witness

Notary public
Reserved."
"(h) The affidavit of a legal mother required hy 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

WEDNESDAY, MARCH 24, 1999

2741

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 diacloac the name and addroaa 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 er 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 __
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 is in the

State of

, County of

on

(insert date, county, state).

2742

JOURNAL OF THE HOUSE

( ) 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 maron
; 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

married in the State of

, County of

and he died on _________ in the County of

__; we were

on

:

, State of

That the name and last known address of the biological father of my child is (complete appropriate response):

Known to me and is ( insert name______);

Known to me but I expressly decline to identify him or provide his 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 laot known
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:

WEDNESDAY, MARCH 24, 1999

2743

(A) The name of my American Indian tribe is

__ and the percent-

age of my American Indian blood is

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 regis-

tration

or

identification

number

is:

That the date of birth of the biological father (was not known to me).

,19 ) or (is

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) (has not) been disproved by n final paternity order of a court;
(Was) (Was not) married to me at any time during my pregnancy with this child;

2744

JOURNAL OF THE HOUSE

(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 his paternity (hao) (haa not) been diaprovcd 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; sad
(Has) (Has not) legitimated the child by a final court orderr;
That the biological father of my child (atrikc 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; and
(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 _________, __.

(Mother) (Biological Mother's Signature)

Notary public (SEAL)

My Commission Expires

."

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.

Representative Ragas of the 64th moved that the House agree to the Senate substitute to HB 218.

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
Bohannon Y Bordeaux Y Borders Y Bridges Y Brooks

Y Brown Y Buck
Buckner Y Bulloch E Bunn Y Burkhalter Y Byrd

Y Callaway E 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 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 Heckstall
Y Hegstrom Y Hembree

WEDNESDAY, MARCH 24, 1999

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
Jones Y Joyce Y Kaye Y Lane Y Lewis Y Lord
Y Lucas
Y Maddox
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
Poag Y Ponder Y Porter Y Powell Y Purcell Y Ragas
Randall Y Ray Y Reaves Y 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

2745
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 motion, the ayes were 165, nays 0.
The motion prevailed.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
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 the report of the Committee of Conference on the following bill of the House:
HB 100. By Representatives Coleman of the 142nd, Murphy of the 18th, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1999, and ending June 30, 2000.
The Senate has agreed to the House amendments to the following resolution of the Senate:
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.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

2746

JOURNAL OF THE HOUSE

SR 383. By Senators Walker of the 22nd and Starr of the 44th: A resolution relative to adjournment.
The following Resolution of the Senate was read and adopted: SR 383. By Senators Walker of the 22nd, Starr of the 44th 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 Assembly shall adjourn sine die at 9:25 P.M. on Wednesday, March 24, 1999.
Pursuant to SR 383, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

WEDNESDAY, MARCH 24, 1999

2747

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION
1999
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II -- NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART TV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

WEDNESDAY, MARCH 24, 1999

2749

HOUSE JOURNAL

PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
ABANDONMENT, MOTOR VEHICLES Certain pending claims; prohibit scrapping or disposal ........................................HB 881
ABORTION Actions of Attorney General regarding SB 357 (1997); request information................................................................................................ HR 371 Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Partial-birth abortion; prohibit; penalties; exceptions............................................HB 854 Woman's Right to Know Act; enact..........................................................................HB 329
ACHIEVERS INTERNATIONAL - GEORGIA, INC. Invite representatives to House................................................................................HR 150
ACUPUNCTURE Acupuncture Act of Georgia; enact...........................................................................HB 814 Chiropractors; scope of practice; allow acupuncture ..............................................HB 787
AD VALOREM TAX Appeals; notice; additional information...................................................................HB 622 Appeals; notice; additional information...................................................................HB 624 Bona fide conservation use property; additional qualified owners.........................HB 34 Bona fide conservation use property; ownership qualifications............................HB 176 Bona fide conservation use property; qualified owners; family owned farm entities...................................................................................HB 240 Certain interest; disposition......................................................................................HB 518 Certain mobile homes; assessed value 50% of invoice value ................................HB 623 Certain municipal contracts; motor vehicles; former prisoner of war or surviving spouse....................................................................................... SB 83 Certain municipalities; authorize certain contracts ...............................................HB 609 Certain property; recording fees.................................................................................HB 33 County boards of equalization; certain appeals; burden of proof.........................HB 347 Deferral; senior citizens; certain counties ...............................................................HB 619 Education funding; repeal ad valorem tax; impose 2% sales tax - CA....................HR 9 Exempt certain boats, motors, and trailers; referendum.......................................HB 348 Exempt certain farm equipment.................................................................................HB 28 Exempt certain farm equipment...............................................................................HB 409 Exempt certain homes for the dia&bled...................................................................KB 365 Exempt certain personal property..............................................................................HB 27 Exempt certain residential construction; qualified
Refer to numerical index for page numbers

2750

INDEX

AD VALOREM TAX (Continued) business enterprise ................................................................................................ HB 381
Exempt certain small business inventory .................................................................HB 29 Exempt mechanics' tools............................................................................................HB 516 Exempt property of certain veterans' organizations...............................................HB 131 Exempt small business inventory.............................................................................HB 364 Exempt vehicles; certain members of armed forces ...............................................HB 368 Fair market value; acquisition date - CA....................................................................HR 1 Homeowner's incentive adjustment - CA.................................................................HR 269 Homestead exemption; certain senior citizens; applicable taxes ..........................HB 169 Homestead exemption; disabled veterans; clarify exemption amount..................HB 684 Homestead exemption; equal to state ad valorem tax...........................................HB 168 Homestead real property; assessment and taxation - CA.....................................HR 414 House Property Tax Study Committee; create..........................................................HR 87 In rem foreclosures; superior court orders ................................................................HB 36 Land-disturbing activities; repeal certain permit requirements ...........................HB 657 Levy and millage rate; comprehensive revision of provisions...............................HB 939 License plates; tag agents; fees and compensation................................................HB 897 Liens; heavy-duty equipment motor vehicles; mobile homes ................................HB 283 Limitation; General Assembly provide - CA...........................................................HR 377 Local fair share funds; amend provisions................................................................HB 523 Local government; homeowner tax relief grants; credits.......................................HB 553 Local government; homeowner tax relief grants; credits.......................................HB 611 Millage rate limitation - CA .......................................................................................HR 10 Millage rate limitation - CA .......................................................................................HR 12 Millage rate limitation - CA.....................................................................................HR 202 Millage rates; amend provisions...............................................................................HB 294 Millage rates; returns; records; disclosures............................................................. SB 177 Mobile homes; eliminate certain decal requirements.............................................HB 125 Motor vehicles and motor homes; tax digest...........................................................HB 167 Motor vehicles; registration periods; International
Registration Plan; apportionable vehicles; fees .................................................. HB 439 New assessment description ....................................................................................... SB 98 Nonprofit corporations; exempt certain leased property........................................HB 620 Nonresident soldiers and sailors; motor vehicle tax situs.....................................HB 441 Notice of assessment; amend provisions..................................................................HB 170 Notice of assessment; information and disclosures ................................................HB 489 Personal property exemption; certain tools ...............................................................HB 20 Personal property exemption; certain tools ...............................................................HB 21 Personal property exemptions; allow by local law - CA.........................................HR 440 Personal property increase; exempt small boats.....................................................HB 514 Property; certain tax values; amend provisions......................................................HB 296 Property; fair market value; leases not considered................................................HB 120 Property Tax Credit Act of 1999; enact...................................................................HB 434 Property values; acquisition date - CA....................................................................HR 151 Property values; acquisition date - CA....................................................................HR 152 Special plates; Nongame-Endangered Wildlife Program; proceeds.......................HB 653 Spouse of certain military personnel; homestead exemption ................................HB 446 Tangible property; assessment....................................................................................HB 64 Tax assessment; increase; notice of justification ....................................................HB 246 Tax assessments; appraisers; inspection of property..............................................HB 346 20 mill limitation; all school systems - CA.............................................................HR 125 Values established by appeal; increase certain time limit ....................................HB 410 Willful failure to pay; 10 percent penalty ...............................................................HB 383 Wills, trusts, and estates; amend provisions...........................................................HB 366
Refer to numerical index for page numbers

INDEX

2751

ADAMS-BRISCOE SEED COMPANY, INC.; commend........................................HR 403
ADJOURNMENT Adjourn 1/15/99; reconvene 1/25/99..............................................................................HR 8 Adjourn 2/17/99; reconvene 2/22/99.......................................................................... SR 161 Adjourn 2/24/99; reconvene 3/1/99............................................................................HR 374 Adjourn 3/4/99; reconvene 3/8/99..............................................................................HR 432 Adjourn 3/10/99; reconvene 3/15/99.......................................................................... SR 257 Adjourn 3/18/99; reconvene 3/22/99.......................................................................... SR 288 Adjourn sine die 3/24/99............................................................................................ SR 383
ADMINISTRATIVE PROCEDURE State employees; health insurance; changes conform to Administrative Procedure Act............................................................................... KB 668 Tobacco Community Development Board; create....................................................KB 872
ADMINISTRATIVE SERVICES, DEPARTMENT OF Commissioner; governor set salary ..........................................................................HB 100 Commissioner; salary determination........................................................................ SB 248 State entities; submit inventory of leased space ....................................................HB 630 State purchases; bid requirements; exceptions; certain publication.....................HB 323 State purchases; certain bidding information; display on Internet......................HB 319
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts, and Administration of Estates)
ADOLPH C. JOHNSON ROAD; recognize honorary designation......................... HR 555
ADOPTION; certain termination of parental rights ................................................HB 218
ADVERTISING Local governments; certain banners and signs; allow businesses display...........HB 160 Polling places; closing; repeal certain advertising requirement............................HB 776
"AFRICAN AMERICAN BUSINESS ENTERPRISE DAY" Invite Georgia Summit of African-American Business Organizations to House........................................................................................... HR 99
AGED (See Elderly)
AGENCIES (See Named Agency or State Government)
AGENT (See Principal and Agent)
AGRICULTURE Ad valorem tax; fair market value; acquisition date - CA........................................HR 1 Agricultural Commodity Commission for Peanuts; property; powers...................HB 541 Agricultural Facilities Authority; create..................................................................HB 870 Agricultural Facilities Authority; create.................................................................. SB 251 Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Agricultural products; trade barriers or sanctions; urge Congressional action...................................................................................... SR 136 Agriculture, Department of; certain rented spaces; require electrical service.....................................................................................................HB 177 Agriculture, Department of; certain rented spaces; require steps........................HB 175 Cotton Producers Indemnity Fund of 1999; create ................................................HB 148 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 Dog and cat sterilization support program; provisions..........................................HB 130 Export enhancement program; urge federal Department of Agriculture utilize................................................................................................... SR 135 Joint session; message from the United States Secretary of Agriculture.......................................................................................................... HR 375 Kerosene and gasoline pumps; certain tax information; require decals ..............HB 741
Refer to numerical index for page numbers

2752

INDEX

AGRICULTURE (Continued) Pesticide contractors and applicators; licensure; social security number; child support withholding....................................................... HB 379 Revenue; amend provisions; Office of Fine Collections; create...............................HB 97 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact.................................................................................. SB 34 Tobacco Community Development Board; create....................................................HB 872
Am POLLUTION Kyoto Protocol; oppose ...............................................................................................HE 441 Motor vehicles; emission inspection stations; certain fee ......................................HB 608 Natural Resources, Board of; powers and duties; animal matter rendering plants........................................................................................ HB 650 Regional Transportation Authority; create................................................................ SB 57 Rock quarries; operation; geologic impact study.....................................................HB 494 The Georgia Neighborhood Protection Act; enact...................................................HB 136
AIRLINES AND AIRPORTS (See Aviation)
AL HOLLOWAY INTERCHANGE; designate.........................................................HR 437
ALAN C. POPE HIGH SCHOOL Lady Greyhound Basketball Team; commend.........................................................HR 524 Swim/Dive Team; commend ......................................................................................HR 716
ALBANY, CITY OF Joint County-Municipal Board of Registration and Elections; staggered terms.................................................................................... HB 286
ALBANY-DOUGHERTY COUNTY DAY AT THE STATE CAPITOL; declare February 25, 1999; invite officials to House .........................HR 263
ALCOHOLIC BEVERAGES AND ALCOHOLISM Addiction counselors; licensing ...............................................................................HB 1063 Alcoholic beverage sales; repeal certain prohibition...................................................HB 7 Bartender under age 21; prohibit...............................................................................HB 18 Certain consumption by minors; repeal exception to prohibition .............................HB 9 Certain illegal activity; jurisdiction limitation........................................................HB 124 Certain shipments into state; amend provisions ....................................................HB 868 Community service boards; employees reporting fraud, waste, or abuse; planning lists for disability services.................................................... SB 139 Driver's license; certain offenses; seizure, suspension, and revocation................................................................................................................HB 377 Driver's license; certain suspension; terminate upon guilty plea.........................HB 675 Driving under the influence; driver improvement program; amend provisions.................................................................................................... HB 318 Driving under the influence; penalties; clinical evaluation and treatment; fines.............................................................................................. HB 635 DUI Study Commission; create ..................................................................................HR 13 DUI Study Commission; create ................................................................................ SR 134 Furnishing to persons under age 21; prohibitions; exception ...............................HB 539 Health records; certain drug test reports; rights of minors..................................HB 841 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create.......................................................... HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create...........................................................SR 116 Joint Study Committee on Health Care Treatment for Drug Abuse; create .......................................................................................................... HR 155
Refer to numerical index for page numbers

INDEX

2753

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Malt beverages and wine; authorize certain Sunday sales .................................HB 1083 Malt beverages; kegs; retail sales ............................................................................HB 888 Mental health; children and adolescents; resources to provide service ...............HB 492 Mental health, mental retardation, and substance abuse boards; appointment confirmations.................................................................................... HB 595 Motor vehicles; certain drug test; define "full information"..................................HB 476 Regional economic assistance projects; criteria; alcoholic beverage sales.......................................................................................................... SB 179 Schools; certain drug or tobacco use; random testing............................................HB 993 State Commission on Drug Addiction; create ...........................................................HR 96 Sunday sales; private clubs.......................................................................................HB 140 Table wine; certain receipt and transfer; license not required .............................HB 571
ALIENS OR NATURALIZED CITIZENS Guilty plea; understand impact................................................................................HB 584
ALIMONY AND CHILD SUPPORT Certain motions; new action not required.................................................................HB 53 Child support; establish family support registry ....................................................HB 263 Child support; noncompliance; certain investment professionals; prohibit registration....................................................................... HB 230 Child support recovery; determination, review, and release; modification ...............................................................................................SB 245 Child support; retroactive payment..........................................................................HB 911 Child support withholding; include social security number on license applications, child support orders, vital records, and certain subpoenas ............................................................................ HB 379 Paternity orders; certain content regarding legitimacy; amend provisions.................................................................................................... HB 891 Wills, trusts, and estates; amend provisions...........................................................HB 366
ALLEN, DR. RICHARD D.; condolences.................................................................... HR 69
ALLEN, STEVEN WAYNE, JR.; commend..............................................................HR 521
ALMA, CITY OF; city council; staggered terms....................................................... HB 992
ALPHA KAPPA ALPHA SORORITY, INC. Invite certain persons to House................................................................................HR 173 Invite Marjorie H. Young and Yvonne McBride to House.....................................HR 198
ALPHA THETA ZETA CHAPTER OF ZETA PHI BETA SORORITY, INC.; invite to House.........................................................................HR 124
ALPHARETTA, CITY OF; homestead exemption...................................................HB 832
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN DIABETES ALERT FOR MARCH AND LIANE LEVETAN; commend................................................................................................HR 474
AMERICAN FIREARMS INDUSTRY; welcome to Georgia ................................. HR 171
AMUSEMENTS Coin operated amusement machines; amend provisions..........................................HB 88 Coin operated amusement machines; revenue; limit percentage of annual income..................................................................................................... SB 193 Occupation taxes and regulatory fees; amend provisions; coin operated amusement machines .................................................................... HB 459
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2754

INDEX

ANATOMICAL GIFT ACT; eyebanks; establishment; maintenance........................SB 64
ANDERSON, BILL; commend ...................................................................................HR 421
ANDERSON, BURNELL "BE BACK"; commend.................................................. HR 458
ANDERSON, REVEREND WILLIE, SR.; condolences.......................................... HR 193
ANDREW JACKSON ASH MEMORIAL BRIDGE Designate........................................................................................................,............HR 166 Designate..................................................................................................................... SR 157
ANIMALS Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Animal control board; certain hearings; delete restriction....................................HB 719 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 Dangerous dogs; amend provisions ........................................................................HB 1032 Dangerous dogs; owners' liability insurance; amount............................................HB 935 Dog and cat sterilization support program; provisions..........................................HB 130 Georgia Veterinary Practice Act; enact....................................................................HB 372 Hunting; restrict within 300 yards of residence.....................................................HB 186 Laser beams and pointers; prohibitions ..................................................................HB 503 Natural Resources, Board of; powers and duties; animal matter rendering plants..................................................................................................... HB 650 Poultry industry; urge adoption of fair business practices....................................HR 430 Special license plates; bobwhite quail......................................................................HB 855 Special plates; Nongame-Endangered Wildlife Program; proceeds.......................HB 653
APPEAL AND ERROR Appeals; grounds for dismissal; exclusion ...............................................................HB 341 Controlled substances; certain convictions; prohibit appeal bond ........................HB 500 Convicted persons; remain in county while preparing appeal ..............................HB 850 Domestic relations; certain cases; appeal to Georgia Supreme Court .................HB 534 Workers' Compensation, State Board of; cross appeals .......................................... SB 39
APPEALS, COURT OF Employees' Retirement; certain appellate court secretaries; creditable service....................................................................................................HB 988 Joint session; Governor's message; invite judges......................................................HR 61 Judges; amend provisions............................................................................................ SB 59
APPLETON, REVEREND JON; commend............................................................. HR 491
APPLING COUNTY HIGH SCHOOL GIRLS SOFTBALL TEAM; commend........................................................................................................HR 339
APPROPRIATIONS AND FISCAL AFFAIRS Certain funds not lapse - CA....................................................................................HR 126 Claims against state; amend provisions..................................................................HB 815 Counties and municipalities; service delivery agreements; state funds...............HB 391 Federal budget; military funds; redistribute to states.............................................HR 97 Fiscal notes; amend provisions.................................................................................HB 522 Fiscal notes; preparation by state auditor and Department of Audits ................HB 166 General appropriations; FY 1999-2000....................................................................HB 144 General Assembly; environmental legislation; require fiscal note........................HB 535 General bills increasing revenue; two-thirds vote required - CA...........................HR 58 Georgia Military College; funding through Department of Technical and Adult Education........................................................................ HB 840 Hospital authorities; strategic options study; require for state funds .................HB 820 House Study Committee to Review the Funding Policies for Group Homes Operated by Juvenile Justice; create.......................................... HR 335 Housing Affordability Impact Note Act; enact..........................................................HB 58
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INDEX

2755

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Indigent Care Trust Fund; require use in accordance with law ..........................HB 375 Land and Water Conservation Fund; urge Congress support appropriations.........................................................................................................HR 438 Public Retirement Fiscal Safety Act of 2000; enact.............................................HB 1050 State agencies; sole-source contracts; require appropriation.................................HB 139 State budget; limit growth; excess revenue uses - CA ............................................HR 81 State government; budget units; performance audits ............................................HB 194 State government; lobbying services; prohibit public funds..................................HB 720 State officials; compensation .....................................................................................HB 100 Supplemental appropriations; FY 1998-1999 ..........................................................HB 101 Supplemental appropriations; FY 1998-1999 ..........................................................HB 102 Supplemental appropriations; FY 1998-1999 ..........................................................HB 143 Supplemental appropriations; FY 1998-1999..........................................................HB 145 Supplemental appropriations; FY 1998-1999; Department of Labor....................HB 474 Supplemental appropriations; FY 1999-2000..........................................................HB 103 Treasury and Fiscal Services, Office of; certain deposits; time limit................................................................................................ HB 222 Underground storage tanks; trust fund; fees; Environmental Protection Division's powers................................................................................. HB 185
ARCHIE C. SMITH BRIDGE; recognize honorary designation............................HR 701
ARCHIVES Cooperative library projects; certain agencies; funding.........................................HB 576
ARNOLD, WILLIAM; commend ................................................................................HR 562
ARRESTS Bail bondsmen and bail recovery agents; amend provisions.................................HB 236 Bail recovery agents; regulation.................................................................................HB 80 Income tax; exempt certain rewards........................................................................HB 293 Schools; students arrested on premises; prohibit return on same day................HB 987 Warrants; issuance; amend provisions.....................................................................HB 259
ARTS Art objects; sales for use in museums; sales tax exemption...................................HB 55 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create............................................................................ HR 330 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create.............................................................................SR 184
ASHRAF, MOHAMMED; compensate....................................................................... HR 304
ASIAN HOTEL OWNERS ASSOCIATION; commend..........................................HR 519
ASSAULT OR BATTERY Against sports officials; define offense.....................................................................HB 265 Crimes Against Elderly Act; enact; disabled adults and elder persons protection................................................................................................... SB 163 Crimes Against Family Members Act; enact........................................................... SB 113 Teachers disabled or killed by act of violence; benefits.........................................HB 358
ATHLETIC TRAINERS; services; health insurance coverage .................................HB 93
ATKINSON COUNTY; board of education; compensation...................................... HB 884
ATLANTA, CITY OF Certain enterprise zones; authority to change effective date................................HB 483 Commercial enterprise zones; change effective date..............................................HB 478 Community improvement district; board vacancies ...............................................HB 917 House City of Atlanta and Fulton County Local Government
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2756

INDEX

ATLANTA, CITY OF (Continued) Study Committee; create....................................................................................... HR 642
Neighborhood planning units (NPU); urge funding ...............................................HR 623 Residential enterprise zones; change effective date ...............................................HB 477 Residential enterprise zones; change effective date ...............................................HB 484 State court; judges; funds..........................................................................................HB 714 State court; venue in certain traffic offenses............................................................ SB 56
ATTORNEY GENERAL Actions regarding SB 357 (1997); request information..........................................HR 371
ATTORNEYS District attorney emeritus; honorary office; create................................................. SB 262 Financial institutions; lawyers' trust accounts; certain duties .............................HB 435 Governor; appointment of executive counsel............................................................... SB 3 Judgments; interest; include certain attorneys' fees and court costs...................HB 958 State court judges; increase law practice requirement - CA.................................HR 268 State court judges; qualifications; increase experience requirement....................HB 552
AUCTIONEERS; licensure; qualifications................................................................. HB 602
AUDITS AND AUDITORS Fiscal notes; amend provisions .................................................................................HB 522 Fiscal notes; preparation by state auditor and Department of Audits................HB 166 State auditor; salary determination......................................................................... SB 248 State government; budget units; performance audits ............................................HB 194 Unemployment; employer contributions; allow certain suspension ......................HB 747
AUGUSTA, CITY OF Augusta Canal Authority; membership ...................................................................HB 733 Augusta Port Authority; membership ......................................................................HB 729 Augusta-Richmond County; certain meetings; mandatory attendance.................HB 336 Augusta-Richmond County; human relations commission; commend ..................HR 347 Augusta-Richmond County; mayor and commission; vacancies............................ SB 167
AUSTELL, CITY OF; mayor and council; terms......................................................SB 134
AUTHORITIES Agricultural Facilities Authority; create..................................................................HB 870 Agricultural Facilities Authority; create.................................................................. SB 251 Georgia Sheriffs' Cooperative Authority; create ..................................,................HB 1073 Hospital authorities; strategic options study; require for state funds .................HB 820 Housing authorities; certain tenants; prohibit eviction .........................................HB 229 Housing authorities; provide for resident commissioners......................................HB 406 Lake Lanier Islands Development Authority; expand purposes for expending revenue.............................................................................................. SB 99 Local government authorities; suspension of members; felony indictment .........HB 401 Mclntosh Reserve Historical Authority; abolish .....................................................HB 954 Regional Transportation Authority; create................................................................ SB 57 Sales tax; exempt sales to housing authorities ......................................................HB 299 Sports Hall of Fame Authority; membership............................................................ SB 76 Stone Mountain Memorial Association; exercise police powers; appoint peace officers ............................................................................................ HB 449 Stone Mountain Memorial Association; membership .............................................HB 367 Stone Mountain Memorial Association; purposes; contracts; improvement fund..................................................................................................HB 384 Stone Mountain Memorial Association; purposes; funds......................................... SB 17 World Congress Center Authority; board of governors; additional members................................................................................................ HB 695
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INDEX

2757

AVIATION Georgia Aviation Hall of Fame; designate as official repository for aviation history................................................................................ HB 76 Joint county and municipal sales tax; distribution requirements ........................HB 355
AVONDALE ESTATES, CITY OF; new charter ......................................................SB 243
B
BACON COUNTY; probate judge; serve as chief magistrate.................................HB 985
BAIL (BONDS AND RECOGNIZANCES) Bail bondsmen and bail recovery agents; amend provisions.................................HB 236 Bail enforcement agents; licensing and regulation.................................................HB 386 Bail recovery agents; regulation.................................................................................HB 80 Criminal bond sureties; increase compensation amount .......................................HB 337 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Methamphetamine; trafficking; bailable only before superior court.....................HB 408 Professional Bondsmen and Bail Recovery Agents, Board of; create...................HB 216
BAKEB-WALTON, SHERA; commend...................................................................... HR 596
BALDWIN COUNTY Amend lease; certain property..................................................................................HR 169 Board of education; membership ..............................................................................HB 647 Convey property .........................................................................................................HR 204 Convey property ........................................................................................................... SR 45 Grant easement ..........................................................................................................HR 119
BALL, STEPHEN MICHAEL, JR.; commend......................................................... HR 506
BANKING AND FINANCE Bad checks; damages; include certain bank fees....................................................HB 562 Banks and financial institutions; amend provisions ..............................................HB 297 Commissioner; salary determination........................................................................ SB 248 Commissioner's salary; governor aet........................................................................J3B 100 Deferred Presentment Act; enact .............................................................................HB 515 Financial institutions; lawyers' trust accounts; certain duties .............................HB 435 Financial institutions; prohibit certain fingerprint requirement ..........................HB 481 Industrial loans; regulation.......................................................................................HB 188 Industrial loans; regulation by commissioner of banking and finance ................HB 472 Judgments; interest; include certain attorneys' fees and court costs...................HB 958 Mortgage lenders and brokers; license applications; social security number; child support withholding ............................................ HB 379 Motor vehicle sales; redefine "cash sale price"; certain installment and lease transactions......................................................... HB 210 Revenue; amend provisions; Office of Fine Collections; create...............................HB 97
BANKRUPTCY; homestead exemption; spouses filing jointly................................ HB 703
BARBER, JANETTE MCGARITY Unveiling of portrait in state capitol.......................................................................HR 659
BARR, BILL; invite to House.....................................................................................HR 296
BARROW COUNTY Board of commissioners; redistricting......................................................................HB 762 Board of education; redistricting..............................................................................HB 759
BARTOW COUNTY Convey property .......................................................................................................... SR 45
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2758

INDEX

BARTOW COUNTY (Continued) Lake Allatoona Preservation Authority; create ......................................................HB 508
BATES, HERMIT F. K", JR.; commend ...................................................................HR 42 BATES, NANCY; commend......................................................................................... HR 106 BATSON, HENRY C.; compensate ............................................................................ HR 157 BATTEN, TONY; commend ........................................................................................ HR 732
BAUMGARTNER, ANDY; commend......................................................................... HR 280
BAXTER, REVEREND BOB; commend................................................................... HR 677 BAXTER, ROBERT A.; commend............................................................................. HR 683 BEALL, KEITH; commend ......................................................................................... HR 544 BEER (See Alcoholic Beverages and Alcoholism) BELCHER, HERBERT EUGENE; condolences......................................................HR 591 BELL-FORSYTH JUDICIAL CIRCUIT; unify courts........................................... HB 486
BEN HILL COUNTY Fitzgerald and Ben Hill County Development Authority; executive secretary................................................................................................. HB 895 Fitzgerald-Ben Hill County Charter Commission; create ......................................HB 896
BENNETT, LONA BELLAH; commend................................................................... HR 456
BENNEWITZ, TOM; commend.................................................................................. HR 709
BENSON, JOJO; commend........................................................................................ HR 665 BERKELEY LAKE, CITY OF; new charter............................................................ HB 277
BERKMAR HIGH SCHOOL BASKETBALL TEAM; commend.......................... HR 137
BIBB COUNTY Grant easements ........................................................................................................HR 119 Macon-Bibb County; Joint Unification Study Commission....................................HB 134 Macon Day in Atlanta; invite certain officials to House .......................................HR 358 Probate court judge; nomination and election ........................................................HB 745
BICKMORE, LISA; commend.................................................................................... HR 116 BINGO; increase prize amount...................................................................................HB 382 BIRDS; special license plates; bobwhite quail.......................................................... HB 855
BISHOP, CAPTAIN ROBBIE Condolences; invite Mrs. Lisa Bishop and children to House...............................HR 210 Memorial Highway; designate...................................................................................HR 261
BISHOP, CONGRESSMAN SANFORD D., JR.; invite to House....................... HR 360 BISHOP, JIM; commend.............................................................................................HR 652 BLACKWELL, MR. AND MRS. MORRIS J.; commend....................................... HR 526 BLALOCK, EDGAR; condolences.............................................................................. HR 345 BLAND, MAJOR GENERAL WILLIAM P., JR.; commend.................................HR 185
BLEVINS, JOY; commend.......................................................................................... HR 409 BLEVINS, MS. JULI; commend................................................................................ HR 223 BLIND PERSONS (See Handicapped Persons) BLISSIT, JOSEPH A., M. D.; commend..................................................................HR 401 BLOOMINGDALE, CITY OF; homestead exemption.............................................HB 912
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INDEX

2759

BLUE RIDGE, CITY OF; corporate limits............................................................... HB 989
BLYTHE, CITY OF; mayor and council; staggered terms......................................HB 906
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Campus policemen; school security personnel; law enforcement powers .............HB 996 Center for Trade and Technology Transfer; board of directors; provisions........................................................................................... HB 330 Colleges; persons seeking admittance; prohibit indexing of grades .......................HB 79 Colleges; urge change of certain mascots ..................................................................HR 85 HOPE scholarships; semester system transition; scholarship extension .............HB 460 Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County; create..................................................SR 88 Medical College of Georgia; certain settlement proceeds; urge sharing with victims.................................................................... HR 493 Museum of National History at University of Georgia; designate as State Museum of National History ............................................... HR 412 Rape prevention and personal safety; Department of Education establish course.................................................................................... HB 171 State medical research institutions; sovereign immunity; certain limited waiver......................................................................... HB 947 University System of Georgia Outstanding Scholars; commend...........................HR 488
BOATS Ad valorem tax; exempt certain boats, motors, and trailers; referendum...........HB 348 Boats on Tugalo Lake; power; limitations; exceptions...........................................HB 183 Laura S. Walker Lake; change motor-boating hours..............................................HB 233 Small boats; ad valorem tax exemption ..................................................................HB 514 Speed near certain objects; minimum distance ........................................................HB 71
BOESCHE, SUSAN MARGARET Commend.....................................................................................................................HR 583 Commend.....................................................................................................................HR 661
BOGGUS, DON, JR.; commend.................................................................................HR 389
BOHANNON, HONORABLE PAM; committee assignment................................Page 145
BONDS Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Professional Bondsmen and Bail Recovery Agents, Board of; create...................HB 216 Regional Transportation Authority; create................................................................ SB 57 Water well contractors and drillers..........................................................................HB 502
BOSWELL, MARIAM; commend............................................................................... HR 560
BOUNDARIES Private ways; easements of necessity; increase width ...........................................HB 858
BOWDEN, GLADYS WILSON; condolences............................................................HR 737
BOYD, TIM; commend................................................................................................. HR 276
BOYD, VIDA; commend .............................................................................................. HR 614
BRANTLEY COUNTY Board of education; compensation..........................................................................HB 1001 Commissioners; compensation...................................................................................HB 742
BRASELTON, TOWN OF Invite mayor and town council to House...................................................................HR 64 Municipal court........................................................................................................... SB 270
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2760

INDEX

BREEDLOVE, KEITH R.; commend........................................................................HR 568
BRIDGES (See Highways, Bridges, and Ferries)
BRIMER, DUVALL D.; condolences............................................................................ HR 43
BRINSON, APRIL HEATHER; invite to House.....................................................HR 331
BROWN, BENJAMIN DANIEL; honor.................................................................... HR 226
BROWN, DANNY; condolences .................................................................................... HR 75
BROWN, DAVID W. Urge Department of Natural Resources commemorate life...................................HR 328
BROWN, DR. BETTY YEOMANS; commend ......................................................... HR 404
BRUCE, MICKEY; commend ..................................................................................... HR 660
BRUNSWICK HIGH SCHOOL PIRATES FOOTBALL TEAM; invite to House .............................................................................................HR 271
BUCKHEAD, TOWN OF; new charter.....................................................................HB 949
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF Homestead exemption ................................................................................................HB 910 Homestead exemption..............................................................................................HB 1020
BUFORD HIGH SCHOOL GIRLS BASKETBALL TEAM; commend........................................................................................................HR 567
BUILDINGS AND HOUSING Basic Bathroom Standards Act of 1999; enact .....................................................HB 1075 Building codes; certain notification; inspector training .........................................HB 150 Building codes; compliance; professional engineers perform inspections.............HB 151 Buildings accessible by ramp; urge automatic door openers.................................HR 264 Certain homes for the disabled; ad valorem tax exemption .................................HB 365 Controlled substances; certain activities near park or housing project; penalties................................................................................. HB 649 Covenants; certain subdivisions; automatic renewal............................................HB 1053 Criminal trespass; entering dwelling of another; penalty .......................................HB 12 Georgia Homeowner Protection Act; enact............................................................HB 1030 Home inspectors; licensing and regulation..............................................................HB 152 House Home Construction and Repair Study Committee; create...........................HR 45 Housing Affordability Impact Note Act; enact..........................................................HB 58 Housing authorities; certain tenants; prohibit eviction .........................................HB 229 Housing authorities; provide for resident commissioners......................................HB 406 Housing authorities; sales tax exemption ...............................................................HB 299 Housing authorities; sales tax exemption ...............................................................HB 567 Housing authorities; sales tax exemption ...............................................................HB 568 Income tax credit; certain low-income housing; certain capital gain...................HB 272 Joint Manufactured Housing Study Committee; create.........................................HR 154 Joint Manufactured Housing Study Committee; create......................................... SR 184 Local Government Code Enforcement Boards Act; enact ......................................HB 591 Local governments; certain construction projects; competitive bidding ...............HB 572 Local governments; certain residential construction; qualified business enterprise ................................................................................ HB 381 Nuisances; unfit structures; amend provisions .....................................................HB 1062 Residential contractors; licensing and regulation...................................................HB 154 State minimum standard codes; exclude Standard Fire Prevention Code ..........HB 633
BULLOCH COUNTY Board of education; compensation............................................................................HB 926
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INDEX

2761

BULLOCH COUNTY (Continued) Tax commissioner; compensation..............................................................................HB 641
BURKE COUNTY; board of education; compensation........................................... HB 1042
BURKE, WILLIAM JAMES; condolences ................................................................ HR 317
BURROUGHS, LOUISE; commend .......................................................................... HR 218
BURTON, HONORABLE JOE; communication....................................................Page 162
BURTS, KENNETH D.; commend............................................................................. HR 462
BUSH, KATHY; commend........................................................................................... HR 695
BUSH, SHIRLEY; commend....................................................................................... HR 531
BUSINESS AND OCCUPATION TAX Amend provisions; coin operated amusement machines........................................HB 459 Assisted living facilities; enact provisions...............................................................HB 758 Income tax; certain credits; transfer duties to revenue commissioner.................HB 524 Intangible tax; certain financial institutions; amend provisions ............................HB 61 Pine straw sales; business license or tax identification number ..........................HB 327
BUTLER, IVAN (GENE); condolences......................................................................HR 629
BUTTS COUNTY Towaliga Judicial Circuit; judges and district attorneys; salary supplement................................................................................. SB 208
c

C. F. "COOTE" MASON HIGHWAY; designate........................................................HR 57
CAIRO HIGH SCHOOL GIRLS BASKETBALL TEAM; commend................... HR 717
CALVARY BAPTIST TEMPLE; commend............................................................... HR 663
CALVIN-THOMAS, PATRICIA M.; commend.........................................................HR 658
CAMERON, TFC T. M. Commend.....................................................................................................................HR 363 Commend.....................................................................................................................HR 393
CAMP, CHIEF RANDY; commend............................................................................HR 249
CAMP, MRS. ROBBIE Commend.....................................................................................................................HR 311 Invite to House...........................................................................................................HR 297
CAMPAIGN AND FINANCIAL DISCLOSURE Campaigns; prohibit certain false statements ........................................................HB 281 Elections; amend provisions ......................................................................................HB 530 Labor organizations; certain political contributions; regulate...............................HB 662
CAMPBELL, RICHARD; commend.......................................................................... HR 615
CANDIDATES Congressional elections; cumulative voting in multiple-member districts.................................................................................................................... HB 473 Coroners; qualifications; fees; salary..........................................................................HB 98 Elections; amend provisions......................................................................................HB 530 Elections; certain ballot access - CA........................................................................HR 620 Elections; challenge of electors; poll watchers; number and training..................HB 743 Elections; pluralities; amend provisions ..................................................................HB 959 General Assembly and county officials; nonpartisan election ...............................HB 491
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2762

INDEX

CANDIDATES (Continued) House of Representatives; multi-member districts; General Assembly; membership and apportionment.......................................... HB 464 House Study Committee on House Bills 490 and 491; create ..............................HR 336 Judges; certain campaign activities; prohibit disciplinary action - CA................HR 203 Labor organizations; certain political contributions; regulate...............................HB 662 Petitions for write-in candidacy; notarized and circulated by same person; disqualify.................................................................. HB 238 Petitions for write-in candidacy; notarized and circulated by same person; disqualify....................................................................... SB 6 Political campaigns; prohibit certain false statements ..........................................HB 281 Political campaigns; prohibit certain false statements ..........................................HB 282 Voter Choice and Election Access Reform Act of 1999; enact...............................HB 672 Voters' certificates; electors lists; retention and preservation...............................HB 774 Voting; amend provisions ..........................................................................................HB 490
CANDLER COUNTY State court judge and secretary; compensation ......................................................HB 430
CANNON, SHERIFF CHARLES MARION; commend......................................... HR 245
"CAPTAIN ROBBIE BISHOP MEMORIAL HIGHWAY"; designate ..............................................................................................HR 261
CARLISLE, ANNA ELIZABETH; commend........................................................... HR 649
CARROLL COUNTY Chief magistrate; state court judge; election ..........................................................HB 825 Commissioners; compensation...................................................................................HB 940 Mclntosh Reserve Historical Authority; abolish.....................................................HB 954 Probate judge; nonpartisan election.........................................................................HB 941
CARROLL, JIM; commend......................................................................................... HR 724
CARROLLTON TROJAN VARSITY FOOTBALL TEAM Invite to House .............................................................................................................HR 93
CARTER, BETTY Commend.....................................................................................................................HR 512 Commend.....................................................................................................................HR 719
CARTER, JADA; commend ........................................................................................ HR 112
CARTERSVILLE, CITY OF Certain utilities; amend provisions ..........................................................................HB 632
CASE, BILL; commend................................................................................................HR 666
CATOOSA COUNTY Board of utilities commissioners; amend provisions ..............................................HB 903 Tax commissioner; clerical help................................................................................HB 332
CEDARTOWN, CITY OF Development authority; additional members ..........................................................HB 753
CEMETERIES Certain roads leading to; prohibit abandonment....................................................HB 803
CENSUS; urge federal government take by actual enumeration ........................... HR 580
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CERTIORARI Domestic relations; certain cases; appeal to Georgia Supreme Court .................HB 534
CHAFIN, SHARON; commend...................................................................................HR 585
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INDEX

2763

CHANNELL, HONORABLE MICKEY; communication......................................Page 160
CHANNELL, MARK; commend.................................................................................HE 613
CHAPLAINS, HOUSE OF REPRESENTATIVES Arthur, Dr. William LaClair .................................................................................. Page 374 Beauchamp, Reverend Joe...................................................................................... Page 715 Benefield, Elder Homer E.......................................................................................... Page 1 Bess, Dr. Thomas L................................................................................................. Page 289 Cobble, Reverend J. Howard..................................................................................Page 405 Cochran, Reverend Jether L..................................................................................Page 266 Crumbliss, Dr. Reed.............................................................................................. Page 1016 Cunningham, Dr. Robert...................................................................................... Page 1526 Duke, Reverend James E., Jr................................................................................. Page 755 Embrey, Elder James W.........................................................................................Page 235 Fields, Dr. Henry..................................................................................................... Page 105 Forster, Reverend Garth A................................................................................... Page 1077 Fox, Reverend Sandra M......................................................................................Page 1276 Fuller, Dr. Ken ........................................................................................................ Page 147 Goble, Reverend Vince.......................................................................................... Page 1691 Grantham, Reverend Glynn................................................................................... Page 330 Greene, Reverend Wesley E., Sr............................................................................ Page 925 Guido, Dr. Michael A................................................................................................Page 48 Hardison, Reverend Don ......................................................................................Page 2077 Holt, Reverend James M.......................................................................................... Page 80 Huling, Reverend Mike......................................................................................... Page 1762 Jones, Reverend Fred............................................................................................ Page 1725 Kennedy, Dr. Randy.................................................................................................. Page 56 Lester, Reverend Forrest...................................................................................... Page 2434 McAleer, Dr. Derek W.............................................................................................Page 122 McVey, Dr. Steve ..................................................................................................... Page 218 Melton, Reverend H. David.................................................................................... Page 170 Page, Dr. Frank....................................................................................................... Page 317 Paulk, Bishop Earl.................................................................................................. Page 587 Reppert, Reverend Gerald D. (Jay), Jr..................................................................Page 191 Ricketts, Reverend William H................................................................................. Page 90 Roberts, Dr. Joseph L., Jr..................................................................................... Page 2174 Roberts, Reverend Larry B..................................................................................Page 1889 Rolling, Bishop Bruce W.........................................................................................Page 428 Ross, Dr. Kenneth ................................................................................................... Page 349 Simmons, Dr. Albert E......................................................................................... Page 1424 Vivian, Dr. C. T........................................................................................................Page 655 Williams, Reverend Rosa L.................................................................................. Page 1176 Wirth, Dr. George Biyant......................................................................................... Page 70 Wix, Reverend J. Edwin.........................................................................................Page 796
CHARACTER EDUCATION CENTER; commend.................................................HR 419
CHARITIES School liability insurance; include certain volunteer nonprofit organizations...........................................................................................SB 192 Ticket sales; certain athletic and entertainment events; amend provisions ...................................................................................... HB 331
CHARLES DURST MEMORIAL HIGHWAY Designate.....................................................................................................................HR 437 Designate..................................................................................................................... SR 183
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2764

INDEX

CHATFIELD, JOHN P.; commend............................................................................HR 499
CHATHAM COUNTY Board of commissioners; compensation....................................................................HB 979 Convey property .........................................................................................................HR 169 Grant easement ..........................................................................................................HR 119 Homestead exemption................................................................................................HB 350 Homestead exemption..............................................................................................HB 1023 Homestead exemption..............................................................................................HB 1024
CHATTOOGA COUNTY State court judge and solicitor-general; salary....................................................... SB 269
CHECKS (See Banking and Finance or Financial Institutions)
CHEEK, HORACE L. JR.; commend ....................................................................... HR 589
CHEROKEE COUNTY Board of elections and registration; membership terms........................................HB 661 Lake Allatoona Preservation Authority; create ......................................................HB 508 Parks and recreation authority; termination ..........................................................HB 928
CHILD ABUSE Child custody; emotional, physical, or psychological abuse evidence..................... SB 26 House Study Committee on Sexual Abuse of Children; create.............................HR 294 Probation; crimes against children; eliminate two-year limit............................... SB 126 Sexual exploitation of children; define offense; penalties......................................HB 226
CHILD ABUSE PREVENTION MONTH IN HART COUNTY, commend.....................................................................................HR 515
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Child age 10 to 14; court consider child's wishes...................................................HB 665 Child custody action; participation by great-grandparent..................................... SB 137 Children 12 and 13 years of age; certain rights ...................................................HB 407 Domestic relations; certain cases; appeal to Georgia Supreme Court .................HB 534 Emotional, physical, or psychological abuse evidence.............................................. SB 26 Family violence; admissible evidence; court consider.............................................HB 230 Foster homes; licensing; require submission of fingerprints .................................HB 750 Housing authorities; certain tenants; prohibit eviction .........................................HB 229 Human Resources, Department of; foster and adoptive homes; certain adult conviction data.................................................................................SB 102 Interference with custody; redefine offense.............................................................HB 270 Juvenile proceedings; certain termination of parental rights; adoption proceedings.............................................................................................. HB 218 National Crime Prevention and Privacy Compact; ratify; day-care or foster home applicants; fingerprinting................................. HB 298 National Crime Prevention and Privacy Compact; ratify; foster home applicants; fingerprinting..................................................... HB 751 National Crime Prevention and Privacy Compact; ratify; child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses; fees..................... SB 165 Parental rights; termination; change grounds ........................................................HB 228 Reckless endangerment of a child; define offense ..................................................HB 651 Temporary guardianship of minor; dissolution .......................................................HB 414
CHILD SUPPORT (See Alimony and Child Support)
CHHJJREN AND YOUTH (See Minors)
CHHtOPRACTORS; scope of practice; allow acupuncture.....................................HB 787
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INDEX

2765

CHITWOOD, JASON; commend................................................................................HR 115
CIGARS AND CIGARETTES Child under age 7 in designated smoking area; prohibition...............................HB 1086 Cigarettes; sales and distribution; amend provisions ............................................HB 752 Georgia Teen Smoking Act; enact..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Income tax credit; certain tobacco settlement proceeds.........................................HB 204 Public Safety, Department of; certain tobacco laws; enlist minors to test compliance........................................................................... HB 813 Schools; certain drug or tobacco use; random testing............................................HB 993 Tobacco Community Development Board; create....................................................HB 872 Tobacco companies; deposits in certain escrow accounts.......................................HB 388 Tobacco crop; insurance; length of coverage............................................................HB 121 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 463 Tobacco lawsuit; urge Congress prevent federal recoupment of settlement...................................................................................... HR 424
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Abandoned motor vehicles; certain pending claims; prohibit scrapping or disposal............................................................................................. HB 881 Abusive litigation; frivolous actions and defenses; amend provisions................HB 1070 Certain cases; venue ..................................................................................................HB 370 Civil and criminal cases; filings and dispositions information ............................. SB 176 Clerks of court; civil actions; certain forms; prohibition .......................................HB 339 Court reporting; amend provisions...........................................................................HB 431 Court reporting; amend provisions........................................................................... SB 259 Courts; venue; forum non conveniens; amend provisions......................................HB 664 Evidence; privileged medical information; raw research data; limit discovery and admissibility..........................................................................HB 560 Firearms; certain civil actions; reserve right to state............................................HB 189 Habeas corpus; clerk funding; indigent petitioners................................................HB 215 Judicial sales; publication of notices; official organs; amend provisions.................................................................................................... HB 782 Magistrate courts; monetary jurisdiction of civil claims.......................................... SB 82 Sexual offenses; extensive revision of provisions..................................................HB 1074 Summons; waiver of service; amend provisions......................................................HB 708 Trespass; damage to property; when cause of action accrues...............................HB 837 Uniform Fraudulent Transfers Act; enact...............................................................HB 257
CLAIMS ADVISORY BOARD Claims against state; amend provisions..................................................................HB 815 Exclude certain small claims from payment............................................................... SB 9
CLARK, BEVERLY; commend...................................................................................HR 576
CLARK, MARY ELIZABETH; commend ................................................................. HR 723
CLARKE COUNTY; coroner; compensation............................................................... HB 74
CLAYTON COUNTY Board of commissioners; compensation..................................................................HB 1010 Board of education; compensation..........................................................................HB 1008 Clayton Judicial Circuit; district attorney; supplement.......................................HB 1007 Clayton Judicial Circuit; judges; supplement........................................................HB 1016 Coroner; expense allowance ....................................................................................HB 1011 Probate judge; deputy election superintendent.....................................................HB 1013
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2766

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CLAYTON COUNTY (Continued) Sheriff; compensation...............................................................................................HB 1009 State court; amend provisions ................................................................................HB 1006 State court officials; compensation.........................................................................HB 1014 Superior court clerk; salary ....................................................................................HB 1015 Tax commissioner; salary ........................................................................................HB 1012 Water authority; compensation ...............................................................................HB 1017
CLAYTON JUDICIAL CIRCUIT District attorney; supplement .................................................................................HB 1007 Judges; supplement ..................................................................................................HB 1016
CLEMENTS, MICHAEL A.; invite to House.............................................................HR 48
CLERKS, SUPERIOR COURT Certain real estate indices; make available ............................................................HB 597 Civil actions; certain forms; prohibition ..................................................................HB 339 Civil and criminal cases; filings and dispositions information............................. SB 176 Dams; Department of Natural Resources provide locations................................HB 1051 Information recordation; military discharge books...................................................HB 67 Proceedings of quia timet; certain notices; delete certain signature requirement........................................................................................... HB 790
CLEVELAND, ISAAC; commend............................................................................... HR 612
CLOUD, REVEREND C. C.; commend.................................................................... HR 593
CLOUD, REVEREND WILLIAM E.; commend......................................................HR 487
COBB COUNTY Board of commissioners; compensation....................................................................HB 843 Cobb Judicial Circuit; judges and chief judge; supplement...................................HB 427 Community improvement districts; clarify purposes.............................................. SB 136 Community improvement districts; purposes.......................................................... SB 135 Convey property .........................................................................................................HR 122 Education districts; change boundaries ...................................................................HB 866 Grant easement ..........................................................................................................HR 119 Grant easements ........................................................................................................HR 169 Juvenile court; designation of second judge ............................................................HB 769 Juvenile court judges; compensation........................................................................HB 932 Lake Allatoona Preservation Authority; create ......................................................HB 508 Probate court clerk; compensation ...........................................................................HB 842 Sheriffs employees; compensation............................................................................HB 768 State court; add judge ...............................................................................................HB 857 State court clerk and chief deputy; compensation..................................................HB 547 State court clerk and chief deputy; compensation..................................................HB 860 State court judges; compensation.............................................................................HB 856 State court solicitor; filling of vacancy ..................................................................HB 1002 State court solicitor-general; compensation.............................................................HB 433 Superior court deputy clerk; compensation .............................................................HB 976 Tax commissioner's employees; compensation.........................................................HB 789
COBB JUDICIAL CmCUIT; judges and chief judge; supplement.......................HB 427
CODE OF GEORGIA Corrections..................................................................................................................HB 261 Elections; corrections .................................................................................................HB 264 Retirement and Pensions; corrections ......................................................................HB 262 Revenue Code; conform to federal code.....................................................................HB 56
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2767

COLEMAN, CARROL ANN; commend.................................................................... HR 233
COLEMAN, RUTH; condolences.................................................................................. HR 23
COLLECTIVE BARGAINING Labor organizations; certain political contributions; regulate...............................HB 662
COLLEGES Campus policemen; school security personnel; law enforcement powers .............HB 996 Center for Trade and Technology Transfer; board of directors; provisions............................................................................................... HB 330 Certain students; jury duty exemption......................................................................HB 39 Driver training; certain provisions; exclude certain schools..................................HB 343 Georgia Military College; funding through Department of Technical and Adult Education ............................................................................ HB 840 High schools; Scholastic Aptitude Test preparatory course..................................... SB 32 HOPE scholarship eligibility; Pell grant recipients................................................HB 505 HOPE scholarship eligibility; Pell grant recipients................................................HB 596 HOPE scholarships; redefine "eligible high school"................................................HB 305 HOPE scholarships; semester system transition; scholarship extension .............HB 460 Medical scholarships; rural health care; amend provisions ..................................HB 260 Museum of National History at University of Georgia; designate as State Museum of National History................................................................. HR 412 Persons seeking admittance; prohibit indexing of grades........................................HB 79 Radar; permits; vehicle visibility ..............................................................................HB 164 Redefine "institution of higher education"; medical loans and scholarships..................................................................................................... HB 211 Students enrolled in certain programs; program counts .........................................HB 38 Teachers Retirement; certain creditable service; military service interruption................................................................................................ HB 908 Urge change of certain mascots..................................................................................HR 85
COLQUITT, CITY OF; new charter..........................................................................HB 950
COLUMBUS, CITY OF Marshal; abolish office; transfer powers to Muscogee County sheriff..................HB 913 Municipal court; jurisdiction...................................................................................HB 1005
COLVIN, WCLLIE LUTHER; commend ................................................................... HR 370
COMBS, SEAN "PUFFY"; commend..........................................................................HR 39
COMMERCE AND TRADE Agency; appointment of guardian of property; clarify effect .................................HB 256 Agency; appointment of guardian of property; effect on written and financial powers of attorney....................................................... HB 415 Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Assisted living facilities; enact provisions ...............................................................HB 758 Center for Trade and Technology Transfer; board of directors; provisions............................................................................................... HB 330 Child support or educational loans; noncompliance; certain investment professionals; prohibit registration..................................... HB 230 Computers; certain Y2K solution providers; limit liability ...................................HB 221 Credit cards; merchant discount rate; limit..........................................................HB 1056 Electronic business communication; prohibit recording.........................................HB 797 Electronic Commerce Study Committee; recreate .................................................... SB 61 Electronic records and signatures; legal effect; validity; admissibility; fraud; burden of proof .......................................................SB 62 Fair business practices; certain motor vehicles; prohibit representing as new.............................................................................. HB 1077
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2768

INDEX

COMMERCE AND TRADE (Continued) Fair business practices; prohibit certain gender discrimination...........................HB 162 Gasoline and diesel fuel; maximum sulfur content................................,...............HB 138 Kerosene and gasoline pumps; certain tax information; require decals ..............HB 741 Motor vehicle franchise practices; amend provisions.............................................HB 356 Motor vehicle sales; redefine "cash sale price"; certain installment and lease transactions.........................................................HB 210 Retirement Savings Protection Act; enact ...............................................................HB 342 Self-service storage facilities; amend provisions.....................................................HB 817 Telephone solicitation; caller state business name and number...........................HB 542 Ticket sales; certain athletic and entertainment events; amend provisions.................................................................................................... HB 331 Tobacco companies; deposits in certain escrow accounts.......................................HB 388 Trucks; retail installment contracts; allow certain document fees.......................HB 792 Unfair business practices; promotional offers; prohibit certain fees ....................HB 467 World Congress Center Authority; board of governors; additional members................................................................................................ HB 695
COMMERCE HIGH SCHOOL Competitive Cheerleading Team; commend.............................................................HR 635
COMMERCIAL CODE Secured transactions; collateral; certain repossession............................................HB 702
COMMISSIONS Agricultural Commodity Commission for Peanuts; property; powers...................HB 541 Bipartisan Joint Commission on Criminal Justice Reform; create.......................HR 367 DUI Study Commission; create ..................................................................................HR 13 DUI Study Commission; create ................................................................................ SR 134 Education; Professional Standards Commission; amend provisions.....................HB 945 Georgia Boxing Commission; name; powers; permits; boxing registry ................HB 740 Georgia Boxing Commission; name; powers; permits; boxing registry................ SB 205 Georgia Commission on Women; absences; residency requirement......................HB 658 Georgia Conservation District Act; enact ................................................................HB 509 Georgia Forestry Commission; certain reforestation efforts; urge continuation...................................................................................... HR 266 Governor's appointees; reside full-time in state .....................................................HB 349 Governor's Education Reform Study Commission; create......................................HR 425 Joint Study Committee on the Commission on Equal Opportunity; create................................................................................................ HR 287 Local governments; bonds; require certain reports ................................................HB 964 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 245 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 251 Municipal charter commissions; create........................................................................HB 8 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact; delegation expenses ............................................. SB 34 State Children's Trust Fund and Commission; date of repeal .............................HB 713 State Commission on Drug Addiction; create ...........................................................HR 96 State Commission on Drug Addiction; create......................................................... SR 184 State Properties Commission; certain purchases; limited exception ....................HB 621 State Properties Commission; membership; include Secretary of State ..............HB 158
COMMITTEES Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Electronic Commerce Study Committee; recreate .................................................... SB 61
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2769

COMMITTEES (Continued) Electronic records and signatures; legal effect; validity; admissibility; fraud; burden of proof .......................................................SB 62 Georgia Rail Passenger Overview Committee; membership..................................HB 455 House City of Atlanta and Fulton County Local Government Study Committee; create................................................................. HR 642 House Home Construction and Repair Study Committee; create...........................HR 45 House Lake Lanier Water Quality Study Committee; create ...............................HR 373 House Ovarian Cancer Study Committee; create...................................................HR 217 House Property Tax Study Committee; create..........................................................HR 87 House Study Committee on Ambulance Service; create ........................................HR 439 House Study Committee on Certified Professional Midwifery; create ...................HR 32 House Study Committee on Early Childhood Immunization; create......................HR 83 House Study Committee on Gaming; create...........................................................HR 618 House Study Committee on House Bills 490 and 491; create ..............................HR 336 House Study Committee on Obscenity in Music Lyrics; create............................HR 366 House Study Committee on Regional Development Centers; create....................HR 434 House Study Committee on Salaries of DeKalb County Officers; create ............HR 617 House Study Committee on School Absenteeism; create.......................................HR 357 House Study Committee on School Support Personnel; create.............................HR 329 House Study Committee on Sexual Abuse of Children; create.............................HR 294 House Study Committee on Structure of DeKalb County Governing Authority; create .................................................................................HR 616 House Study Committee to Review the Funding Policies for Group Homes Operated by Juvenile Justice; create.................................... HR 335 House Tourism Advertising Study Committee; create ...........................................HR 442 Joint Highway Study Committee; create...................................................................HR 82 Joint Manufactured Housing Study Committee; create.........................................HR 154 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create.......................................................... HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create...........................................................SR 116 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create................................................................................... HR 330 Joint Study Committee on Gaming; create .............................................................HR 286 Joint Study Committee on Health Care Treatment for Drug Abuse; create .......................................................................................................... HR 155 Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create.................................................................................. HR 84 Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County; create ..................................................SR 88 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; State Commission on Drug Addiction; Joint Manufactured Housing Study Committee; Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; Joint West Georgia River Protection Act Study Committee; House Lake Lanier Water Quality Study Committee; create........................................SR 184 Joint Study Committee on the Commission on Equal Opportunity; create ........HR 287 Joint Study Committee on Water Management and Allocation; create............... SR 175 Joint Water Resources Policy Study Committee; create ........................................HR 372 Joint West Georgia River Protection Act Study Committee; create.....................HR 215 Metropolitan Atlanta Rapid Transit Overview Committee; create.......................HR 167
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COMMITTEES, STANDING; assignments .......................................Pages 23, 44, 45, 145
COMMODITIES Flour, grits, hominy, and cornmeal; repacking; repeal certain provisions......................................................................................... HB 78
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Burton, Honorable Joe............................................................................................ Page 162 Channell, Honorable Mickey.................................................................................. Page 160 Evans, Honorable Mike ............................................................................................ Page 45 Governor................................................................................................ Pages 32, 34, 36, 37 Lee, Honorable William J. (Bill).............................................................................. Page 45 Legislative Counsel.......................................................................... Pages 46, 47, 159, 161 Lieutenant Governor.....................................................................................Pages 159, 162 Madden, Honorable Eddie...................................................................................... Page 162 Parham, Honorable Bobby E.................................................................................. Page 160 Secretary of State........................................................................................................ Page 1 Speaker of House .....................................................................Pages 44, 45, 145, 159, 162
COMMUNITY AFFAIRS Building codes; certain notification; inspector training .........................................HB 150 Buildings accessible by ramp; urge automatic door openers.................................HR 264 Drug-free commercial zones; adoption; change date ..............................................HB 287 House Study Committee on Regional Development Centers; create....................HR 434 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 245 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 251 Regional development center boundaries; ratify alteration...................................HR 121 Regional development center boundaries; ratify alteration...................................HR 299 Regional economic assistance projects; criteria; alcoholic beverage sales..........................................................................................SB 179 Regional Transportation Authority; create................................................................ SB 57 State service delivery regions; regional development center boundary changes....................................................................................... HB 699
COMMUNITY SERVICE BOARDS Employees reporting fraud, waste, or abuse; planning lists for disability services...................................................................................... SB 139 Mental retardation; guidelines for disability services..............................................HB 11 Mental retardation; guidelines for disability services ............................................HB 269
COMPACTS National Crime Prevention and Privacy Compact; ratify......................................HB 298 National Crime Prevention and Privacy Compact; ratify ......................................HB 751 National Crime Prevention and Privacy Compact; ratify...................................... SB 165 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact.................................................................................. SB 34
COMPENSATION OF STATE OFFICIALS Commissioners of banks and banking, corrections, revenue, and administrative services; Pardons and Paroles Board members; state auditor; salary determination ......................................................................SB 248 General Assembly members and certain state officials; increase in compensation; certain other state officials; compensation set by governor....................................................................................................... HB 100
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2771

COMPENSATION RESOLUTIONS Ashraf, Mohammed....................................................................................................HR 304 Batson, Henry C.........................................................................................................HR 157 Hampton, Kevin lbdd.........................,......................................................................HR 163 Harris, Bernice D.; .....................................................................................................HR 200 Harvey, O. Wallace.....................................................................................................HR 216 Jones, Jennifer A..........................................................................................................HR 60 King, Thomas..............................................................................................................HR 364 Martin, Frank.............................................................................................................HR 161 Patrick, Larry...............................................................................................................HR 31 Pearson, A. K................................................................................................................HR 28 Pearson, A. K................................................................................................................HR 94 Pilcher, Tony...............................................................................................................HR 164 Rickenbaker, Hugh Kelley, III;.................................................................................HR 365 Stripling, Robert C.......................................................................................................HR 47
COMPUTERS Certain Y2K solution providers; limit liability .......................................................HB 221 Computer Pornography and Child Exploitation Prevention Act; enact; contributing to the delinquency of a minor; penalties................... HB 213 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission...................................... HB 224 Motor vehicles; certain drivers' information; electronic access by insurers.................................................................................................. HB 546 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Schools and libraries; encourage certain Internet blocking software...................HR 213 Sheriffs; certain records; electronic storage and retrieval.....................................HB 235 Stalking; prohibit certain communications............................................................HB 1097 State contracts; sovereign immunity; computer failure; authority .......................HB 389 State purchases; certain bidding information; display on Internet ......................HB 319 Tourism; high-tech products; certain tax credits....................................................HB 757 Voters' certificates; electors lists; retention and preservation...............................HB 774 Year 2000 Readiness Act; enact................................................................................ SB 230 Y2K computer problems; urge Governor take certain action..................................HR 86
CONCERNED BLACK CITIZENS OF CLAYTON COUNTY; commend ....................................................................................................HR 68
CONDITIONED AIR, HEATING, AND PLUMBING CONTRACTORS Alarm systems monitoring contractors; regulation and licensure ......................HB 1071 Building codes; certain notification; inspector training.........................................HB 150 Building codes; compliance; professional engineers perform inspections.............HB 151 Conditioned air contractors; cease and desist orders; certain activities; repeal provisions......................................................................HB 816 Conditioned air contractors; certain cease and desist orders; repeal provisions ....................................................................................... HB 748 Home inspectors; licensing and regulation..............................................................HB 152 Low-voltage contractors; continuing education; criminal records checks.............HB 722 Residential contractors; licensing and regulation...................................................HB 154
CONNECTICUT ARMS MANUFACTURERS; invite to relocate to Georgia.....HR 380
CONSERVATION AND NATURAL RESOURCES Ad valorem tax; bona fide conservation use property; include certain clubs................................................................................................ HB 34 Ad valorem tax; certain property; recording fees.....................................................HB 33 Aquifers; certain permits; urge Environmental Protection Division exercise caution in issuance .................................................................. HR 443
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2772

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CONSERVATION AND NATURAL RESOURCES (Continued) Brown, David W.; urge Department of Natural Resources commemorate life................................................................................................... HR 328 Crabs and crabbing; amend provisions....................................................................HB 681 Employees' Retirement; certain Department of Natural Resources employees; service credit................................................................... HB 1092 Environmental Protection Agency; pesticide risk evaluation; urge use of certain procedures ......................................................... HR 257 Forestry practices; allow on land owned in fee simple ..........................................HB 112 Gasoline and diesel fuel; maximum sulfur content................................................HB 138 General Assembly; environmental legislation; require fiscal note........................HB 535 Income tax credits; certain low-emission vehicles; certain electric chargers........................................................................................ HB 801 Kyoto Protocol; oppose ...............................................................................................HR 441 Lake Lanier Islands Development Authority; expand purposes for expending revenue..............................................................................SB 99 Land and Water Conservation Fund; urge Congress support appropriations .......................................................................................... HR 438 Land-disturbing activities; repeal certain permit requirements ...........................HB 657 Laura S. Walker Lake; change motor-boating hours..............................................HB 233 Motor vehicle emission inspections; exempt certain vehicles................................HB 333 Motor vehicle emission inspection stations; certain fee.........................................HB 608 Natural Resources, Board of; category I dams; fees ..............................................HB 564 Natural Resources, Board of; change membership.................................................HB 694 Natural Resources, Board of; powers and duties; animal matter rendering plants........................................................................... HB 650 Natural Resources, Department of; certain employees; delete benefits exemption...................................................................................... HB 754 Natural Resources, Department of; location of dams; provide to superior court clerks.......................................................................... HB 1051 Pine straw sales; business license or tax identification number ..........................HB 327 Professional foresters; registration; social security number; child support withholding...................................................................... HB 379 Revenue; amend provisions; Office of Fine Collections; create...............................HB 97 Rock quarries near water systems; prohibition ......................................................HB 458 Rock quarries; operation; geologic impact study.....................................................HB 494 Rock quarries; prohibition.........................................................................................HB 209 Rock quarries; prohibition .........................................................................................HB 937 Secretary of State; examining boards; amend provisions ......................................HB 734 Sports Hall of Fame Authority; membership............................................................ SB 76 State tree protection law; establish..........................................................................HB 557 Stone Mountain Memorial Association; exercise police powers; appoint peace officers ..............................................................................HB 449 Stone Mountain Memorial Association; membership.............................................HB 367 Stone Mountain Memorial Association; purposes; contracts; improvement fund..................................................................................................HB 384 Stone Mountain Memorial Association; purposes; funds......................................... SB 17 Surface water permits; aquifer storage or recovery; prohibit ...............................HB 108 Surface water permits; aquifer storage or recovery; prohibitions.........................HB 129 Surface water permits; aquifer storage or recovery; prohibitions........................... SB 48 Tires; certain fees; extend certain time limit; reports to General Assembly.............................................................................................. HB 578 Underground storage tanks; trust fund; fees; Environmental Protection Division's powers ................................................................................. HB 185 Water well contractors and drillers; bonds and letters of credit..........................HB 502
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CONSERVATION AND NATURAL RESOURCES (Continued) Year 2000 Readiness Act; enact................................................................................ SB 230
CONSTITUTIONAL AMENDMENTS Ad valorem tax; fair market value; acquisition date .................................................HR 1 Ad valorem tax; homeowner's incentive adjustment..............................................HR 269 Ad valorem tax; limitation; General Assembly provide .........................................HR 377 Ad valorem tax; millage rate limitation ....................................................................HR 10 Ad valorem tax; millage rate limitation....................................................................HR 12 Ad valorem tax; personal property exemptions; allow by local law.....................HR 440 Ad valorem tax; property values; date of acquisition ............................................HR 151 Ad valorem tax; property values; date of acquisition ............................................HR 152 Ad valorem tax; 20 mill limitation; all school systems..........................................HR 125 Appropriations; certain funds not lapse ..................................................................HR 126 Boards of education; impact fees; General Assembly authorize collection and use..................................................................................HR 260 Certain sentences; serve in entirety; General Assembly provide .........................HR 645 Courts; certain actions; allow stay or dismissal .....................................................HR 324 Crime victims; protection, treatment, and restitution ...........................................HR 153 Education funding; impose state-wide 1% sales tax ................................................HR 11 Education funding; repeal ad valorem tax; impose 2% sales tax.............................HR 9 Elections; candidates; certain ballot access.............................................................HR 620 Final ten days of session; enact only repealers and appropriations ....................HR 478 Final 20 days of session; enact only repealers and appropriations......................HR 476 General bills increasing revenue; two-thirds vote required ....................................HR 58 Homestead real property; assessment and taxation; ad valorem tax ..................HR 414 Initiative petition process ..........................................................................................HR 201 Judges; certain campaign activities; prohibit disciplinary action.........................HR 203 Millage rate; limit certain increase..........................................................................HR 202 Public schools; driver training; impose fee to fund................................................HR 643 Sales tax; certain educational purposes; authorize ................................................HR 641 Senate; four-year terms.............................................................................................HR 168 State budget; limit growth; excess revenue uses......................................................HR 81 State court judges; increase law practice requirement ..........................................HR 268 State Transportation Board; General Assembly set term of office.........................HR 30 Tax relief; authorize General Assembly provide by law..........................................HR 59
CONSUMER AFFAIRS Assisted living facilities; enact provisions...............................................................HB 758 Computers; certain Y2K solution providers; limit liability ...................................HB 221 Consumers' Insurance Advocate; create................................................................... SB 200 Fair business practices; certain motor vehicles; prohibit representing as new............................................................................................. HB 1077 Fair business practices; prohibit certain gender discrimination ...........................HB 162 Georgia Homeowner Protection Act; enact............................................................HB 1030 Managed care plans; health maintenance organizations; out-of-network providers......................................................................................... SB 210 Self-service storage facilities; amend provisions.....................................................HB 817 Telephone solicitation; caller state business name and number...........................HB 542 Telephone solicitation; certain calls; prohibit recording...........................................HB 69 Telephone solicitation; prohibited calls; exclude certain brokers or agents......................................................................................HB 432 Ticket sales; certain athletic and entertainment events; amend provisions.................................................................................................... HB 331 Tobacco companies; deposits in certain escrow accounts .......................................HB 388
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INDEX

CONSUMER AFFAIRS (Continued) Torts; structured settlement payment rights; regulate transfer; disclosure; right of recission...................................................................SB 130 Trucks; retail installment contracts; allow certain document fees.......................HB 792 Unfair business practices; promotional offers; prohibit certain fees ....................HB 467
CONTRACTORS (CONSTRUCTION) Building codes; certain notification; inspector training ..............................,..........HB 150 Building codes; compliance; professional engineers perform inspections.............HB 151 Conditioned air contractors; cease and desist orders; certain activities; repeal provisions...................................................................... HB 816 Conditioned air contractors; certain cease and desist orders; repeal provisions ....................................................................................... HB 748 Home inspectors; licensing and regulation..............................................................HB 152 House Home Construction and Repair Study Committee; create...........................HR 45 Local boards of education; certain public school construction contacts; bids.................................................................................... HB 510 Local governments; certain construction projects; competitive bidding ...............HB 572 Local governments; certain residential construction; qualified business enterprise................................................................................ HB 381 Low-voltage contractors; continuing education; criminal records checks.............HB 722 Public works construction contracts; amend provisions.......................................HB 1079 Residential contractors; licensing and regulation...................................................HB 154 Sales tax; eliminate certain withholding.................................................................HB 592 Schools; construction project teams; include educator ...........................................HB 698 State Construction Industry Licensing Board; redefine certain terms ................HB 846 State Licensing Board for General Contractors; create.........................................HB 997 State minimum standard codes; exclude Standard Fire Prevention Code ..........HB 633
CONTRACTS Bad checks; damages; include certain bank fees....................................................HB 562 Covenant marriage; contract between parties ......................................................HB 1087 Health maintenance organizations; certain contracts; prohibit hold harmless clause................................................................................. HB 83 Medical loans and scholarships; rural counties ......................................................HB 211 Medical scholarships; rural health care; amend provisions ..................................HB 260 Public works construction contracts; amend provisions.......................................HB 1079 Trucks; retail installment contracts; allow certain document fees.......................HB 792
CONTROLLED SUBSTANCES Amend listings............................................................................................................HB 106 Certain activities near park or housing project; penalties....................................HB 649 Certain convictions; prohibit appeal bond...............................................................HB 500 County boards of health; certain drugs provided to minors; prohibition; exception............................................................................... HB 328 Dangerous drugs; seizure; use and disposition.......................................................HB 864 Drug-free commercial zones; adoption; change date ..............................................HB 287 Jails; guard lines; certain prohibited activity .........................................................HB 128 Minors; certain sound recordings; restrict sale.......................................................HB 104 Physician's assistants; certain prescriptions; permit number ...............................HB 488 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180 Schools; certain drug or tobacco use; random testing............................................HB 993 Special drug prosecutor; provisions.............................................................................. SB 1 Summons; waiver of service; amend provisions......................................................HB 708 Transportation, Department of; enforcement officers; drug detection dogs; certain enforcement powers............................................... HB 520
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2775

CONVEYANCES OF PROPERTY (See Public Property)
CONYERS, CITY OF Convention and Visitors Bureau Authority; create................................................ SB 206 Conyers-Rockdale Amateur Athletics Authority; change name ............................ SB 209
COOK, REVEREND PAYTON B.; condolences......................................................,HR 242
COOPER, BRANDI; commend...................................................................................HR 611
COOPER, MADIA Commend.....................................................................................................................HR 160 Commend.....................................................................................................................HR 176
CORDELE, CITY OF Cordele-Crisp County Fish Fry; invite cooking team to House............................HR 337
CORLEY, WINNIE GUTHRIE CAIN; commend.................................................... HR 309
CORNELIA, CITY OF; homestead exemption.........................................................HB 760
CORONERS Reports; qualifications; fees....................................................................................... SB 150 Qualifications; fees; salary ..........................................................................................HB 98
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Certain corporations; income tax credits; assignment to affiliated corporation......................................................................................... HB 438 Certain electronic documents; amend provisions....................................................HB 682 Corporations; amend venue provisions....................................................................HB 369 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission........................... HB 224 Corporations; merger and share exchange; redefine "beneficial owner"..............HB 223 Corporations; merger of parent into subsidiary......................................................HB 219 Corporations; preferred stock; powers of board ......................................................HB 225 Garnishment; certain actions allowed by corporate officers.................................... SB 19 Income tax; amend provisions ....................................................................................HB 81 Limited liability companies; dissociation; dissolution.............................................. SB 41 Limited partnerships; elections; certificates.............................................................. SB 42
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COSMETOLOGY; amend provisions ............................................................................SB 95
COUCH, LUKE; commend..........................................................................................HR 104
COUNCIL FOR SCHOOL PERFORMANCE; commend......................................HR 511
COUNTIES (Also, see Local Government or Named County) Ad valorem tax deferral; senior citizens; certain counties....................................HB 619 Ad valorem tax; local fair share funds; amend provisions....................................HB 523 Ad valorem tax; millage rates; returns; records; disclosures; appeals; procedures ............................................................................SB 177 Ad valorem tax; notice of assessments; amend provisions....................................HB 170 Ad valorem tax; personal property exemptions; allow by local law - CA............HR 440 Ad valorem tax; 20 mill limitation; all school systems - CA................................HR 125 Ad valorem tax; willful failure to pay; 10 percent penalty...................................HB 383 American Heritage in Education Act; enact............................................................HB 303 -Authorities; suspension of members; felony indictment ........................................HB 401 Boards of education; certain public school construction contracts; bids......................................................................................................... HB 510 Boards of education; impact fees; General Assembly authorize collection and use - CA..........................................................................................HR 260 Boards of equalization; certain appeals; burden of proof......................................HB 347
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2776

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COUNTIES (Also, see Local Government or Named County) (Continued) Boards of health; certain drugs provided to minors; prohibition; exception............................................................................................. HB 328 Bonds; require certain reports..................................................................................HB 964 Building authorities; certain cities; redefine "project"; amend provisions.................................................................................................... HB 737 Building codes; certain notification; inspector training .........................................HB 150 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Certain banners and signs; allow businesses display ............................................HB 160 Certain construction projects; competitive bidding.................................................HB 572 Certain county police forces; abolish..........................................................................HB 44 Certain meetings; agenda and affidavit...................................................................HB 278 Certain pay increases; prohibit certain bonded debt .............................................HB 285 Certain property; eminent domain...........................................................................HB 844 Certain recreational property; environmental testing............................................HB 660 Certain roads leading to cemeteries; prohibit abandonment ................................HB 803 Certain undertakings; exclude solid waste facilities ..............................................HB 525 Certain vehicles; identifying markings....................................................................HB 648 Certain water and sewer systems; authorize certain contracts............................HB 399 Chief magistrates; minimum salaries; full-time service; delete provisions................................................................................................... HB 1054 Civil practice; certain cases; venue ..........................................................................HB 370 Computers; schools and libraries; encourage certain Internet blocking software .................................................................................... HR 213 Convicted persons; remain in county while preparing appeal ..............................HB 850 Coroners; qualifications; fees; salary..........................................................................HB 98 Detention facilities; out-of-state prisoners; require certain approval...................HB 456 Development authorities; removal of members.......................................................HB 731 Drug-free commercial zones; adoption; change date ..............................................HB 287 Education; additional instructional time; inclement weather ...............................HB 450 Education; bullying; discourage and prohibit..........................................................HB 247 Education; educational care teams............................................................................. SB 50 Education; governing board members; increase training.......................................HB 306 Education; prohibit razor blades on school property; local boards adopt anti-bullying policies; certain school security personnel carry firearms .......................................................................... HB 84 Education; public school disciplinary tribunals ........................................................ SB 35 Elections; amend provisions......................................................................................HB 530 Elections; early voting; provisions............................................................................ SB 235 Elections; optical scanning equipment; amend provisions.....................................HB 531 Elections; registrars; compensation ........................................................................HB 1066 Emergency medical services; amend provisions......................................................HB 882 Emergency Telephone System Fund; allow certain payments ..............................HB 411 Employees' Retirement; certain county employees; creditable service .................HB 975 Employees' Retirement; certain county employees; creditable service ...............HB 1052 Employees' Retirement; certain employees; service credit...................................HB 1090 Escape; define offense; include certain private facilities .......................................HB 132 Essential Rural Nonemergency Transportation Provider Access Act; enact................................................................................................................ HB 315 Excise tax; authorize levy; convention center authority ........................................HB 558 Excise tax; hotels and motels; amend provisions ...................................................HB 499 Excise tax; severance of solid minerals ...................................................................HB 208 Excise tax; severance of solid minerals ...................................................................HB 480 Excise tax; trails or walkways; extend certain date ..............................................HB 241 Firearms; certain civil actions; reserve right to state............................................HB 189
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INDEX

2777

COUNTIES (Also, see Local Government or Named County) (Continued) Georgia Homeowner Protection Act; enact............................................................HB 1030 Georgia Sheriffs' Cooperative Authority; create ...................................................HB 1073 Georgia Tort Claims Act; make applicable to local governments.......................HB 1076 Georgia Welfare to Work Tax Credit; enact ............................................................HB 598 Governing authorities; compensation .....................................................................HB 1044 Guilty plea; alien or naturalized citizen; understand impact ...............................HB 584 Habeas corpus; clerk funding; indigent petitioners ................................................HB 215 Health and other employee benefits; ACCG Group Health Benefits Program, Inc.............................................................................................SB 197 High schools; Scholastic Aptitude Test preparatory course..................................... SB 32 Homeowner tax relief grants ....................................................................................HB 611 Homeowner tax relief grants; ad valorem tax credits ...........................................HB 553 Homestead real property; assessment and taxation; ad valorem tax - CA.........HR 414 Housing authorities; provide for resident commissioners......................................HB 406 Improved Student Learning Environment and Discipline Act of 1999; enact.................................................................................................. HB 605 Inmates; incarceration costs; reimbursement..........................................................HB 540 Insurance premium taxes; residents of military facilities; require certain agreement..................................................................................... HB 890 Intangible tax; certain financial institutions; amend provisions ............................HB 61 Jails; guard lines; certain prohibited activity.........................................................HB 128 Joint county and municipal sales tax; distribution requirements ........................HB 355 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; create............... SR 184 Judicial Retirement; juvenile court judges; county supplement ...........................HB 593 Judicial sales; publication of notices; official organs; amend provisions.................................................................................................... HB 782 Juries; certain personnel; amend provisions...........................................................HB 643 Jury lists; sources; drivers' licenses; certain removal............................................ SB 196 Juvenile courts; certain employees; include in classified service of merit system.......................................................................................... HB 892 Law enforcement; chiefs or agency heads; training; peace officers; Juvenile Justice Department; county probation systems....................HB 580 Law libraries; certain counties; certain court cost.................................................HB 853 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Legal proceedings; request elected judge of superior or state court ....................HB 640 License plates; tag agents; fees and compensation ................................................HB 897 Local boards of education; urge posting of certain American heritage documents................................................................................................ HR 333 Local Government Cable Fair Competition Act; enact........................................... SB 240 Local Government Code Enforcement Boards Act; enact......................................HB 591 Local option sales tax; certain counties; prohibit certain reduction of proceeds................................................................................ HB 537 Magistrate courts; criminal trespass; amend provisions........................................HB 304 Magistrate courts; ordinances; criminal trespass; imprisonment .........................HB 153 Malt beverages and wine; authorize certain Sunday sales .................................HB 1083 Maps and plats; certain zoning ordinance; approval before acceptance..............HB 398 Medical examiner's and coroner's reports; coroner's qualifications and fees............................................................................................SB 150 Medical scholarships; rural health care; amend provisions ..................................HB 260 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 245 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 251
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2778

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Millage rate; limit certain increase - CA.................................................................HR 202 Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence........................................................SB 154 Motor vehicles; registration periods; certain counties............................................HB 111 Motor vehicles; registration periods; International Registration Plan; apportionable vehicles; fees .................................................. HB 439 Multiyear lease, purchase, or lease purchase contracts......................................... SB 106 Municipal charter commissions; create........................................................................HB 8 Nuisances; unfit structures; amend provisions.....................................................HB 1062 Occupation taxes and regulatory fees; amend provisions; coin operated amusement machines .................................................................... HB 459 Officials; nonpartisan election...................................................................................HB 491 Open records; exempt certain cost estimates and bid proposals ..........................HB 250 Pension obligation bonds; requirements; issuance; purchase ................................HB 847 Police chiefs; traffic control; police volunteers ........................................................HB 165 Probation; revocation; certain service of sentence..................................................KB 461 Property; certain 50-year covenants...........................................................................HB 49 Public buildings; require display of certain information .........................................HB 87 Public records; amend provisions .............................................................................HB 279 Public Safety, Department of; certain employees; use of department vehicles; taxicab self-insurers; certain exception............................SB 108 Public works construction contracts; amend provisions.......................................HB 1079 Radar; permits; vehicle visibility..............................................................................HB 164 Railroad crossings; certain closings; agreement......................................................HB 290 Railroad crossings; duty to maintain; damages for violation..................................HB 10 Railroad crossings; repair, maintenance, and construction; restrictions.............................................................................................................. HB 574 Regional development center boundaries; ratify alteration...................................HR 121 Regional development center boundaries; ratify alteration...................................HR 299 Regional economic assistance projects; criteria; alcoholic beverage sales..........................................................................................................SB 179 Rock quarries near water systems; prohibition ......................................................HB 458 Rock quarries; operation; geologic impact study.....................................................HB 494 Rock quarries; prohibition.........................................................................................HB 209 Rock quarries; prohibition......................................................................................,..HB 937 Rural Hospital Authorities Assistance Act; enact.................................................. SB 195 Sanitation service suppliers; prohibit certain liens................................................HB 736 School liability insurance; include certain volunteer nonprofit organizations...........................................................................................SB 192 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 School security personnel; authority to carry firearms.......................................... SB 152 Schools; parents choose school within system.........................................................HB 538 Service delivery agreements; state funds ................................................................HB 391 Service delivery strategies; state service delivery regions; regional development centers.................................................................HB 699 Setoff debt; claimant agencies; collection ................................................................HB 243 Sheriffs; certain records; electronic storage and retrieval.....................................HB 235 Sheriffs; qualifications; amend provisions...............................................................HB 687 Special county 1% sales tax; consolidated governments........................................HB 625 Special county 1% sales tax; major capital equipment..........................................HB 618 State court judges; increase law practice requirement - CA.................................HR 268 State court judges; qualifications; increase experience requirement....................HB 552
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INDEX

2779

COUNTIES (Also, see Local Government or Named County) (Continued) State employees; deferred compensation; amend provisions .................................HB 300 State employees' health insurance plan; include local boards of education, county officials, and county employees............................... SB 28 State service delivery regions; reclassify certain counties.....................................HB 755 Tag agents; modernization and technology; funding..............................................HB 579 Tax collectors and commissioners; compensation; additional increase.................HB 627 Tax collectors and commissioners; independent audits..........................................HB 504 Taxes; certain interest; disposition...........................................................................HB 518 Tax executions; liens and lienholders; transfers; security interests; tax deeds.................................................................................. SB 169 Taxicab self-insurers; certain exception; change certain date...............................HB 809 Traffic-control signals; monitoring devices to record violations............................ SB 123 Traffic offenses; jurisdiction; bureau procedures; penalties...................................HB 423 Utility easements; public notice and hearing .......................................................HB 1067 Volunteer firefighters serve as members .................................................................HB 402 Volunteer firefighters serve as members................................................................... SB 13
COUNTY BOARDS OF HEALTH Certain drugs provided to minors; prohibition; exception .....................................HB 328 Health; public swimming pools; regulation............................................................... SB 30 State employees; deferred compensation; amend provisions .................................HB 300
COUNTY LINE UNITED METHODIST CHURCH; commend ........................... HR 470
COURT REPORTERS Amend provisions .......................................................................................................HB 431 Amend provisions....................................................................................................... SB 259 Court Reporting of the Judicial Council, Board of; composition........................... SB 146 Senior court reporter; provide for office ................................................................HB 1025
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Appeals, Court of; judges; amend provisions ............................................................ SB 59 Appeals; grounds for dismissal; exclusion ...............................................................HB 341 Bell-Forsyth Judicial Circuit; unify courts ..............................................................HB 486 Certain actions; allow stay or dismissal - CA.........................................................HR 324 Chief magistrates; minimum salaries; full-time service; delete provisions................................................................................................... HB 1054 Children adjudicated delinquent; information provided to school principals.....................................................................................................HB 302 Civil and criminal cases; filings and dispositions information ............................. SB 176 Clerks of court; civil actions; certain forms; prohibition .......................................HB 339 Cobb Judicial Circuit; judges and chief judge; supplement................................... HB 427 County law libraries; certain counties; certain court cost.....................................HB 853 Court reporters; amend provisions...........................................................................HB 431 Court reporting; amend provisions........................................................................... SB 259 Court Reporting of the Judicial Council, Board of; composition........................... SB 146 Deposit account fraud; certain warrants; amend provisions .................................HB 594 District attorney emeritus; honorary office; create................................................. SB 262 Divorce; insurance policies; parties file copies with court.....................................HB 638 Evidence; privileged medical information; raw research data; limit discovery and admissibility................................................................HB 560 Family violence restraining orders; contempt; exclusion .......................................HB 642 Fire and other hazards; misdemeanor violations; jurisdiction................................ SB 73 Georgia Sheriffs' Cooperative Authority; create ...................................................HB 1073 Governor; appointment of executive counsel............................................................... SB 3 Guilty plea; alien or naturalized citizen; understand impact ...............................HB 584 Habeas corpus; clerk funding; indigent petitioners................................................HB 215
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2780

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Hindering apprehension or punishment of criminal; include misdemeanors......HB 718 Houston Judicial Circuit; terms of court .................................................................HB 701 Human Resources, Department of; certain temporary care of child; court authorization not required................................................... HB 852 Judgments; interest; include certain attorneys' fees and court costs...................HB 958 Juries; certain personnel; amend provisions ...........................................................HB 643 Jurors; expense allowance......................................................................................... SB 103 Jury duty exemptions; certain students; certain caregivers....................................HB 39 Jury duty; exempt primary caregiver of child under six.......................................HB 212 Jury lists; revision; prohibit use of registered voters list......................................HB 565 Jury lists; sources; drivers' licenses; certain removal............................................ SB 196 Juvenile court jurisdiction; expand to all persons under age 18..........................HB 268 Juvenile courts; certain employees; include in classified service of merit system.......................................................................................... HB 892 Juvenile courts; certain employees; policy and procedures manual .....................HB 786 Juvenile courts; creation; amend provisions............................................................HB 182 Juvenile proceedings; certain termination of parental rights; adoption proceedings................................................................................. HB 218 Juvenile proceedings; information presented to judge; format and contents...............................................................................................HB 785 Juvenile proceedings; mental competency of child; amend provisions .................HB 417 Juvenile proceedings; violation of local curfew; declare unruly child ................HB 1060 Landlord and tenant; payments into court registry; possession of property............................................................................................ HB 512 Legal proceedings; request elected judge of superior or state court ....................HB 640 Magistrate courts; certain fees; amend provisions.................................................HB 629 Magistrate courts; civil jurisdiction; increase to $7,500 ........................................HB 663 Magistrate courts; criminal trespass; amend provisions........................................HB 304 Magistrate courts; monetary jurisdiction of civil claims.......................................... SB 82 Magistrate courts; ordinances; criminal trespass; imprisonment .........................HB 153 Maps and plats; certain zoning ordinance; approval before acceptance ..............HB 398 Municipal courts; shoplifting; increase jurisdictional amount................................. SB 63 Northeastern Judicial Circuit; add judge ................................................................HB 397 Oconee Judicial Circuit; terms of court ...................................................................HB 155 Parental rights; termination; change grounds ........................................................HB 228 Paternity orders; certain content regarding legitimacy; amend provisions.................................................................................................... HB 891 Probate court judges serving as magistrate or chief magistrate; minimum salaries; increases............................................................ HB 548 Randolph County; superior court; change terms ....................................................HB 811 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Senior court reporter; provide for office ................................................................HB 1025 Sexual offenses; extensive revision of provisions..................................................HB 1074 Sheriffs; certain records; electronic storage and retrieval.....................................HB 235 Sheriffs; qualifications; amend provisions ...............................................................HB 687 Shoplifting; misdemeanor offense; municipal court jurisdiction ...........................HB 242 Southwestern Judicial Circuit; add judge................................................................HB 292 Special drug prosecutor; provisions.............................................................................. SB 1 Stalking; certain restraining orders; contempt; exclusion .....................................HB 671 State court; certain municipalities; venue in certain traffic offenses .................... SB 56 State court judges; qualifications; increase experience requirement....................HB 552 State courts; certain cities; judges; funds................................................................HB 714
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INDEX

2781

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) State Ombudsman Program for the Protection of Children Act; enact .............HB 1081 Subpoenas; witness fees and mileage; amend provisions......................................HB 340 Summons; waiver of service; amend provisions......................................................HB 708 Superior court clerks; information recordation; military discharge books ......................................................................................... HB 67 Superior court clerks; make available certain real estate indices........................HB 597 Superior courts; law clerks; law assistants; court administrators........................HB 371 Supreme Court; terms; ending dates .......................................................................HB 804 Tallapoosa Judicial Circuit; judges and district attorney; salary supplements................................................................................. SB 238 Towaliga Judicial Circuit; create; Flint Judicial Circuit; continue....................... SB 117 Towaliga Judicial Circuit; judges and district attorneys; salary supplement................................................................................. SB 208 Traffic and municipal courts; certain municipalities; jail booking fees...................................................................................................... HB 352 Venue; forum non conveniens; amend provisions ...................................................HB 664
COVINGTON, CITY OF; posts; vacancies ...............................................................HB 929
COWETA COUNTY State court; clerk........................................................................................................HB 196
COWETA COUNTY DAY AT THE CAPITOL Designate January 28, 1999; invite certain persons to House................................HR 33
CRAWFORD COUNTY Board of commissioners; compensation..................................................................HB 1036 Volunteer Fire and Rescue Department; commend................................................HR 692
CRAWFORD, JOSEPH P. "JOEY"; condolences .................................................... HR 238
CREDIT UNIONS Deposit account fraud; certain warrants; amend provisions.................................HB 594 Deposit account fraud; restitution; certain bank fees............................................HB 317
CREWS, DAVID O.; commend ...................................................................................HR 273
CRIME PROFITS, RESTITUTION Crime victims; protection, treatment, and restitution - CA..................................HR 153 The Victims' Reimbursement Act of 1999; enact....................................................HB 470
CRIMES AND OFFENSES (CRIMINAL CODE) American firearms industry; welcome to Georgia ..................................................HR 171 Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Bingo; increase prize amount....................................................................................HB 382 Bully Law; enact ........................................................................................................HB 227 Certain sentences; serve in entirety; General Assembly provide - CA................HR 645 Child molestation; include certain telephone conversations..................................HB 712 Child under age 7 in designated smoking area; prohibition...............................HB 1086 Coin operated amusement machines; amend provisions..........................................HB 88 Computer Pornography and Child Exploitation Prevention Act; enact; contributing to the delinquency of a minor; penalties ................... HB 213 Computers; schools and libraries; encourage certain Internet blocking software .................................................................................... HR 213 Concealed weapons; prohibitions; exempt certain retired district attorneys....................................................................................... HB 110 Connecticut arms manufacturers; invite to relocate to Georgia...........................HR 380 Contributing to delinquency of minor; amend penalty provisions........................HB 482 Controlled substances and dangerous drugs; amend listings................................HB 106
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2782

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Controlled substances; certain activities near park or housing project; penalties........................................................................ HB 649 Crime victims; protection, treatment, and restitution - CA..................................HR 153 Crimes Against Elderly Act; enact; disabled adults and elder persons protection.................................................................................. SB 163 Crimes against Family Members Act; enact........................................................... SB 113 Crimes against person; require bystander assistance............................................HB 532 Criminal trespass; entering dwelling of another; penalty .......................................HB 12 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 Dangerous instrumentalities; prohibit certain instructional communication................................................................................. HB 498 Deposit account fraud; restitution; certain bank fees............................................HB 317 Drug-free commercial zones; adoption; change date ..............................................HB 287 Escape; define offense; include certain private facilities .......................................HB 132 Firearms; certain civil actions; reserve right to state............................................HB 189 Firearms; require owners carry liability insurance......................,...........................HB 86 Firearms; specially trained handgun license...........................................................HB 387 Georgia Teen Smoking Act; enact ..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Hindering apprehension or punishment of criminal; include misdemeanors......HB 718 Interference with custody; redefine offense.............................................................HB 270 Invasion of privacy; unauthorized videotaping of another; prohibit.....................HB 984 Laser beams and pointers; prohibitions ..................................................................HB 503 Magistrate courts; criminal trespass; amend provisions........................................HB 304 Magistrate courts; ordinances; criminal trespass; imprisonment .........................HB 153 Minors; certain sound recordings; restrict sale.......................................................HB 104 Motor vehicles; failure to stop for pedestrian in crosswalk; misdemeanor..........................................................................................HB 23 Motor vehicles; failure to stop for pedestrian in crosswalk; misdemeanor of a high and aggravated nature.................................HB 24 Murder resulting from controlled substance violations; offense; penalties....................................................................................................HB 220 Obscene material; include sound recordings ...........................................................HB 612 Pardons and paroles; certain felonies; ineligibility.................................................HB 248 Partial-birth abortion; prohibit; penalties; exceptions............................................HB 854 Political campaigns; prohibit certain false statements ..........................................HB 281 Political campaigns; prohibit certain false statements ..........................................HB 282 Property; use of force in defense; redefine habitation ...........................................HB 105 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Public Safety, Department of; certain tobacco laws; enlist minors to test compliance........................................................................... HB 813 Rape or aggravated sodomy; victim under age 12; penalties................................HB 116 Rape; redefine offense; female under age ten.........................................................HB 249 Reckless endangerment of a child; define offense ..................................................HB 651 Serious felony; define; sentencing requirements...................................................! 1065 Sexual exploitation of children; define offense; penalties......................................HB 226 Sexual harassment; right of action; provisions.......................................................HB 311 Sexual offenses, extensive revision of provisions..................................................HB 1074 Sexual offenses; vehicle used in prostitution; seizure............................................ SB 148 Special drug prosecutor; provisions.............................................................................. SB 1 Sports officials; assault or battery against; define offense....................................HB 265 Stalking; certain restraining orders; contempt; exclusion.....................................HB 671 Stalking; prohibit certain communications............................................................HB 1097 Summons; waiver of service; amend provisions......................................................HB 708
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INDEX

2783

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Weapons prohibited at school; include razor blades; certain counties; school security personnel carry firearms ................................. HB 84 Woman's Right to Know Act; enact..........................................................................HB 329
CRIMINAL JUSTICE Bail enforcement agents; licensing and regulation.................................................HB 386 Bipartisan Joint Commission on Criminal Justice Reform; create.......................HR 367 Crime victims; protection, treatment, and restitution - CA..................................HR 153 Georgia Racial Justice Act; enact.............................................................................HB 137 Habeas corpus; clerk funding; indigent petitioners................................................HB 215 Income tax; exempt certain rewards........................................................................HB 293 Prisoner litigation reform; habeas corpus; actions in forma pauperis................. SB 115 Probation; revocation; amend provisions.................................................................HB 471
CRIMINAL PROCEDURE Alcoholic beverages; certain illegal activity; jurisdiction limitation .....................HB 124 Arrest warrants; issuance; amend provisions .........................................................HB 259 Bail bondsmen and bail recovery agents; amend provisions.................................HB 236 Bail enforcement agents; licensing and regulation.................................................HB 386 Bail recovery agents; regulation.................................................................................HB 80 Controlled substances; certain convictions; prohibit appeal bond ........................ HB 500 Controlled substances; dangerous drugs; seizures; use and disposition..............HB 864 Crimes against police, firefighter, or emergency medical technician; sentencing..............................................................................SB 120 Criminal bond sureties; increase compensation amount.......................................HB 337 Georgia Racial Justice Act; enact.............................................................................HB 137 Guilty plea; alien or naturalized citizen; understand impact...............................HB 584 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 HIV; certain contact by police or emergency personnel; expedite testing.................................................................................................... HB 1061 Income tax; certain debts; authorize setoff against refund...................................HB 582 Methamphetamine; trafficking; bailable only before superior court.....................HB 408 Murder resulting from controlled substance violations; offense; penalties.................................................................................................... HB 220 Probation; crimes against children; eliminate two-year limit............................... SB 126 Probation; revocation; amend provisions.................................................................HB 471 Probation; revocation; certain service of sentence..................................................HB 461 Professional Bondsmen and Bail Recovery Agents, Board of; create...................HB 216 Schools; students arrested on premises; prohibit return on same day................HB 987 Sexual offenses; extensive revision of provisions..................................................HB 1074
CRISP COUNTY Cordele-Crisp County Fish Fry; invite cooking team to House............................HR 337
CROMER, TFC FREDDIE "BUZ" Commend.....................................................................................................................HR 363 Commend.....................................................................................................................HR 393
CRONIC, BECKY; commend...................................................................................... HR 610
CROWE, JULIE; commend.........................................................................................HR 530
CROWNE, DALLAS ARTHUR; commend............................................................... HR 369
CRUELTY TO CHILDREN Crimes against Family Members Act; enact........................................................... SB 113 Probation; crimes against children; eliminate two-year limit............................... SB 126 Reckless endangerment of a child; define offense ..................................................HB 651
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2784

INDEX

CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL; invite certain persons to House..........................................................HR 413
CUMMING, CITY OF; municipal court; create....................................................... HB 960
CUMMINGS, EUSTACHE; commend....................................................................... HE 127
CUSSETA, CITY OF; homestead exemption............................................................HB 966
CUTHBERT, CITY OF; new charter........................................................................HB 436
D
DAMAGE TO PROPERTY Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Trespass; when cause of action accrues...................................................................HB 837
DAMS Locations; Department of Natural Resources provide to superior court clerks............................................................................................HB 1051 Natural Resources, Board of; category I; fees.........................................................HB 564 Property abutting lake; certain information; disclosure to buyer.........................HB 443
DANIEL, DR. O. G. Commend.....................................................................................................................HR 142 Invite to House...........................................................................................................HR 295
DANIEL, RICK; commend..........................................................................................HR 533
DANIELSVILLE, CITY OF; mayor and council; amend provisions ..................... HB 544
DARLINGTON HIGH SCHOOL FOOTBALL TEAM; invite to House .............HR 253
DARLINGTON UPPER SCHOOL TIGERS CROSS COUNTRY TEAMS; invite to House .....................................................................HR 302
DAVIS, COACH JERRY; commend.......................................................................... HR 592
DAY CARE Certain qualified child care expenses; income tax credit ......................................HB 583 Child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses; fees; ratify National Prevention and Privacy Compact....................... SB 165 Employees; records check; state and national fingerprint records check...............HB 30 Employer provided or sponsored child care; income tax credit; depreciation.......................................................................................... HB 610 Food sales to day-care facility; sales tax exemption ................................................HB 22 National Crime Prevention and Privacy Compact; ratify; day-care or foster home applicants; fingerprinting............................................HB 751 National Crime Prevention and Privacy Compact; ratify; foster home applicants; fingerprinting................................................................. HB 298 Nursing facility child care centers; provisions........................................................HB 575
DEATH PENALTY Georgia Racial Justice Act; enact.............................................................................HB 137 Homicide by vehicle while driving under the influence; life imprisonment or death ....................................................................................... HB 4 Murder resulting from controlled substance violations; offense; penalties.................................................................................................... HB 220 Rape or aggravated sodomy; victim under 12; penalties.......................................HB 116
DEBTOR AND CREDITOR Banks and financial institutions; amend provisions ..............................................HB 297 Corrections; certain offenders; debt collection against lottery prizes ...................HB 118
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INDEX

2785

DEBTOR AND CREDITOR (Continued) Credit cards; merchant discount rate; limit..........................................................HB 1056 Garnishment; certain actions allowed by corporate officers.................................... SB 19 Garnishment; pension funds; additional exemption...................................................HB 6 Mortgage; failure to transmit cancellation; liability of grantee............................HB 429 Setoff debt; claimant agencies; collection ................................................................HB 243 Uniform Fraudulent Transfers Act; enact...............................................................HB 257 Water well contractors and drillers; letters of credit.............................................HB 502
DECATUR, CITY OF; board of education; reconstitute; powers ........................... HB 606
DEEDS Real estate transfer tax; certain instruments; amend provisions...........................HB 65
DEFENSE, DEPARTMENT OF State Defense Force; change name to State Guard................................................HB 527
DEKALB COUNTY Certain employees; method of employing................................................................HB 795 Certain officers and employees; appointment......................................................... SB 207 Civic center authority; members ..............................................................................HB 938 Convey property ........................................................................................................... SR 45 DeKalb County Community Improvement District Act of 1998; amend short title..................................................................................... HB 274 DeKalb County Community Improvement Districts Act of 1999; enact.............. HB 273 Department heads; merit system............................................................................. SB 215 Employees; certain salary deductions......................................................................HB 796 Fulton-DeKalb Hospital Authority; urge continuance of programs for needy............................................................................................ HR 578 House Study Committee on Salaries of DeKalb County Officers; create ............HR 617 House Study Committee on Structure of DeKalb County Governing Authority; create.................................................................... HR 616 Sheriff; compensation.................................................................................................HB 794
DELOACH, BISHOP GEORGE; condolences.......................................................... HR 675
DELOACH, JOHN; condolences................................................................................. HR 343
DEMOTT, CHARLES R.; commend.......................................................................... HR 387
DENTISTS AND DENTAL HYGIENISTS Certain dental anesthesia and hospital charges; health insurance coverage........................................................................................SB 66 Dental hygienists; licensure; qualifications.............................................................HB 634 Dentistry; amend provisions .....................................................................................HB 295
DENTY, AMY; commend.............................................................................................HR 554
DEPARTMENT OF CORRECTIONS (See Penal Institutions)
DEVARD-KEMP, DR. JEAN; invite to House ........................................................ HR 298
DEVELOPMENT AUTHORITIES Counties and municipalities; certain property; eminent domain..........................HB 844 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; create........SR 184 Removal of members..................................................................................................HB 731
"DEWEY PENDLEY BRIDGE" Designate.....................................................................................................................HR 214 Designate..................................................................................................................... SR 235
DINKHELLER, KYLE WAYNE Condolences.................................................................................................................HR 381
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2786

INDEX

DEVKHELLER, KYLE WAYNE (Continued) Condolences.................................................................................................................HR 484 Invite family to House...............................................................................................HR 362
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Alcoholic beverages; certain illegal activity; jurisdiction limitation.....................HB 124 Bartender under age 21; prohibit...............................................................................HB 18 Certain shipments into state; amend provisions....................................................HB 868 Furnishing to persons under age 21; prohibitions; exception...............................HB 539 Sunday sales; private clubs.......................................................................................HB 140
DISTRICT ATTORNEYS Concealed weapons; prohibitions; exempt certain retired district attorneys ....................................................................................... HB 110 District attorney emeritus; honorary office; create................................................. SB 262 Employees' Retirement; certain district attorney investigators; creditable service............................................................................ HB 654 Judicial Retirement; board provide survivors benefit............................................HB 765 Judicial Retirement; certain employees; membership............................................HB 919 Judicial Retirement; certain transfer of membership to Employees' Retirement System...................................................................... HB 1046 Judicial Retirement; change of employment; continuation of membership .........HB 764 Judicial Retirement; membership election; certahi persons................................HB 1088 Judicial Retirement; spouses' benefits; employee contribution ...........................HB 1072 Special drug prosecutor; provisions.............................................................................. SB 1
DIVORCE (See Domestic Relations)
DIXIE WING OF THE CONFEDERATE AIR FORCE; commend..................... HR 680
DEXON, DR. CAROL E. AND KAINOS INTERNATIONAL ASSOCIATION; commend .......................................................................................HR 736
DODGE COUNTY; board of commissioners; meetings; purchasing..................... HB 1022
DOGS Animal control board; certain hearings; delete restriction....................................HB 719 Dangerous dogs; amend provisions ........................................................................HB 1032 Dangerous dogs; owners' liability insurance; amount............................................HB 935 Sterilization support program; provisions ...............................................................HB 130 Transportation, Department of; enforcement officers; drug detection dogs; certain enforcement powers............................................... HB 520
DOMESTIC RELATIONS Alimony and child support; enforcement; certain withholding; social security number on license applications, vital records, certain subpoenas, child support orders; copy of official marriage license....................................... HB 379 Alimony or child support; certain motions; new action not required.....................HB 53 Bankruptcy; homestead exemption; spouses filing jointly.....................................HB 703 Child custody action; participation by great-grandparent..................................... SB 137 Child custody; child age 10 to 14; court consider child's wishes..........................HB 665 Child custody; children 12 and 13 years of age; certain rights............................HB 407 Child custody; emotional, physical, or psychological abuse evidence..................... SB 26 Child support; establish family support registry....................................................HB 263 Child support or educational loans; noncompliance; prohibit certain registration; child custody; acts of family violence ............................... HB 230 Child support recovery; determination, review, and release; modification..............................................................................................................SB 245
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INDEX

2787

DOMESTIC RELATIONS (Continued) Child support; retroactive payment..........................................................................HB 911 Covenant marriage; contract between parties ......................................................HB 1087 Crimes against Family Members Act; enact........................................................... SB 113 Divorce; insurance policies; parties file copies with court.....................................HB 638 Divorce; marriage irretrievably broken; amend provisions ...................................HB 424 Family violence restraining orders; contempt; exclusion .......................................HB 642 Income tax; liability on joint returns; innocent spouse relief ...............................HB 556 Marriage; ceremonies in foreign nations; licensing; effect.....................................HB 344 Marriage ceremonies; mayors perform.....................................................................HB 830 Marriage ceremonies; mayors perform; foreign nations; amend provisions.........HB 791 Parental rights; certain termination; adoption proceedings ..................................HB 218 Paternity orders; certain content regarding legitimacy; amend provisions.................................................................................................... HB 891 Paternity orders; contents; effect................................................................................ SB 96 State Children's Trust Fund and Commission; date of repeal .............................HB 713
DONAHUE, LEE; commend....................................................................................... HR 109
DOSS, DESMOND T.; invite to House ..................................................................... HR 206
DOSTER, KATHEBLNE; commend...........................................................................HR 102
DOUGHERTY COMPREHENSIVE HIGH SCHOOL FOOTBALL TEAM; invite to House........................................................................HR 92
DOUGHERTY COUNTY Board of commissioners; compensation....................................................................HB 969 Convey property .........................................................................................................HR 169 Dougherty Judicial Circuit; judges; increase supplement......................................HB 923 Joint County-Municipal Board of Registration and Elections; staggered terms.................................................................................... HB 286
DOUGHERTY JUDICIAL CIRCUIT; judges; increase supplement.................... HB 923
DOUGLAS COUNTY Airport authority; airport construction; referendum ..............................................HB 902 Community improvement districts; members .........................................................HB 944 Convey property .........................................................................................................HR 169 State court; create......................................................................................................HB 943
DOUGLAS, KEITH; commend...................................................................................HR 175
DOUGLASVILLE, CITY OF; new charter............................................................... HB 968
DOVE, JIM; commend.................................................................................................HR 134
DR. PIERCE GORDON BLANCHARD MEMORIAL HIGHWAY; designate..................................................................................................HR 95
DRIESELL, COACH CHARLES "LEFTY"; invite to House................................ HR 270
DRIGGERS, MARY GRACE AND SIMMIE; commend........................................ HR 131
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Commercial driver training; certain expenses; recovery by local units ...............HB 420 Driver's license; persons under age 21; driver education course..........................HB 581 Driver training; certain provisions; exclude certain schools..................................HB 343 Income tax credit; certain driver education programs .............................................HB 95 Public schools; driver training; impose fee to fund - CA.......................................HR 643
DRIVER'S LICENSE Amend provisions .......................................................................................................HB 793 Application; include social security number; child support withholding..............HB 379 Blindness education, screening, and treatment programs; establish ...................HB 812
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2788

INDEX

DRIVER'S LICENSE (Continued) Certain epileptics; prohibit disqualification ............................................................HB 122 Certain offenses; revoke upon second conviction......................................................HB 89 Certain revocation; limited driving permit................................................................HB 85 Certain revocation; limited driving permit................................................................HB 90 Certain revocation; limited driving permit................................................................HB 91 Certain revocation; limited driving permit..............................................................HB 321 Certain suspension; persons under age 21..............................................................HB 113 Certain suspension; terminate upon guilty plea.....................................................HB 675 Driver's license and identification card; prohibit fingerprinting.............................HB 13 Driver's license and identification card; prohibit fingerprinting.............................HB 48 Driver's license and identification card; prohibit fingerprinting...........................HB 466 Driving while suspended or revoked; increase certain penalty ............................HB 848 Fingerprinting; prohibit.............................................................................................HB 521 Georgia Teen Smoking Act; enact ..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Implied consent; notice on application and license ................................................HB 376 Law enforcement records; motor vehicle accident reports; disclosure; prohibitions.............................................................................................SB 20 Persons under age 18; driver training course.......................................................HB 1059 Persons under age 21; driver education course ......................................................HB 581 Probationary license; replacement fee......................................................................HB 234 Probationary license; replacement fee......................................................................HB 587 Public schools; driver training; impose fee to fund - CA.......................................HR 643 Renewal outside United States; contract with Department of Industry, Trade, and Tourism............................................................................ HB 47 Replacement issuance; provisions.............................................................................HB 115 Revenue; amend provisions; Office of Fine Collections; create ...............................HB 97 Seat belts; amend provisions ....................................................................................HB 465 Seat belts; children under age four; sport utility and all terrain vehicles........................................................................................................ SB 211 Seizure, suspension, and revocation; certain offenses............................................HB 377 Source; jury list compilation..................................................................................... SB 196 Suspension or revocation; points; child safety restraints ......................................HB 444 Suspension; refusal of chemical test; guilty plea....................................................HB 252 Under age 21; revocation; reissuance; limited permits..........................................HB 442 Voter registration; driver's license locations; receipt..............................................HB 777
DRIVING UNDER THE INFLUENCE Certain violators; vehicles subject to forfeiture ......................................................HB 639 Driver improvement program; amend provisions ...................................................HB 318 Driver's license; certain suspension; terminate upon guilty plea.........................HB 675 Driver's license; implied consent; notice on application and license ....................HB 376 Driver's license suspension; refusal of chemical test; guilty plea.,.......................HB 252 DUI Study Commission; create ..................................................................................HR 13 DUI Study Commission; create ................................................................................ SR 134 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Homicide by vehicle while driving under the influence; life imprisonment or death...................................................................... HB 4 Motor vehicles; certain drug test; define "full information"..................................HB 476 Penalties; clinical evaluation and treatment; fines ................................................HB 635
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INDEX

2789

DRUGS AND DRUG DEPENDENCY AND ABUSE Addiction counselors; licensing ...............................................................................HB 1063 Community service boards; employees reporting fraud, waste, or abuse; planning lists for disability services............................. SB 139 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Controlled substances and dangerous drugs; amend listings................................HB 106 Controlled substances; certain activities near park or housing project; penalties........................................................................ HB 649 Controlled substances; certain convictions; prohibit appeal bond ........................HB 500 Controlled substances; dangerous drugs; seizures; use and disposition ..............HB 864 County boards of health; certain drugs provided to minors; prohibition; exception.......................................................................... HB 328 Driver's license; certain suspension; terminate upon guilty plea.........................HB 675 Driving under the influence; driver improvement program; amend provisions...................................................................................HB 318 Driving under the influence; penalties; clinical evaluation and treatment; fines ........................................................................... HB 635 Drug-related nuisances; actions to abate and enjoin; amend provisions .............HB 405 DUI Study Commission; create ..................................................................................HR 13 DUI Study Commission; create ................................................................................ SR 134 Generic drug containers; include name of brand name drug..................................HB 19 Generic drugs; strongly urge State Board of Pharmacy to require brand name on label................................................................................ HR 417 Health insurance; coverage for contraceptives........................................................HB 374 Health records; certain drug test reports; rights of minors..................................HB 841 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Jails; guard lines; certain prohibited activity .........................................................HB 128 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create.............................................. HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create...............................................SR 116 Joint Study Committee on Health Care Treatment for Drug Abuse; create.......HR 155 Mental health; children and adolescents; resources to provide service ...............HB 492 Mental health, mental retardation, and substance abuse boards; appointment confirmations........................................................... HB 595 Methamphetamine; trafficking; bailable only before superior court.....................HB 408 Motor vehicles; certain drug test; define "full information"..................................HB 476 Murder resulting from controlled substance violations; offense; penalties.................................................................................................... HB 220 Nonprescription drugs; sales tax exemption ...........................................................HB 322 Peace Officers' Annuity and Benefit Fund; certain drug enforcement officers; membership eligibility....................................................... HB 501 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Pharmacies in certain stores; signs .........................................................................HB 462 Pharmacists; definitions; State Board; powers; foreign graduates; licenses; Nuclear Pharmacy Law; enact............................................ SB 100 Pharmacists; license application; social security number; child support withholding ..................................................................................... HB 379 Physician's assistants; certain prescriptions; permit number ...............................HB 488 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180 Schools; certain drug or tobacco use; random testing............................................HB 993 Secretary of State; examining boards; amend provisions......................................HB 734 State Commission on Drug Addiction; create...........................................................HR 96
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2790

INDEX

DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) State Commission on Drug Addiction; create ......................................................... SR 184 Transportation, Department of; enforcement officers; drug detection dogs; certain enforcement powers............................................... HB 520 Workforce Reinvestment Act of 1999; enact............................................................ SB 222
DRURY, MR. AND MRS. SPENCER Commend.....................................................................................................................HR 509 Commend...............................................................................................,.....................HR 667
DUBLIN, CITY OF Dublin-Laurens County Recreation Authority; create............................................HB 378
DUDLEY, MS. ELOISE R,; commend........................................................................ HR 65
DUKE, FRANK; commend..........................................................................................HR 323
DUNN, MARIAN; commend ....................................................................................... HR 471
DUNSMORE, TFC R. L., Ill Commend.....................................................................................................................HE 363 Commend.....................................................................................................................HR 393
DURR, VIRGINIA FOSTER; condolences ............................................................... HR 466
E
EARL M. BAGGS HIGHWAY; designate ................................................................. HR 195
EASON, KEN; commend............................................................................................. HR 111
EASON, REVEREND GREGORY VAUGHN, SR.; commend.............................. HR 569
EAST ELLIJAY, CITY OF; new charter..................................................................HB 739
EAST POINT, CITY OF Business and industrial development authority; define powers; regulate........... SB 289
EATON, ANNE MARIE; invite to House................................................................... HR 52
EAVESDROPPING Commerce and trade; electronic business communication; prohibit recording................................................................................................... HB 797 Invasion of privacy; unauthorized videotaping of another; prohibit.....................HB 984
EBENEZER BAPTIST CHURCH; commend..........................................................HR 636
EDUCATION Additional instructional time; inclement weather..................................................HB 450 Ad valorem tax; local fair share funds; amend provisions....................................HB 523 Ad valorem tax; 20 mill limitation; all school systems - CA ................................HR 125 Alternative schools; education and attendance requirements...............................HB 114 American Heritage in Education Act; enact............................................................HB 127 American Heritage in Education Act; enact............................................................HB 303 Boards of education; impact fees; General Assembly authorize collection and use - CA........................................................................ HR 260 Bullying; discourage and prohibit............................................................................HB 247 Bully Law; enact ........................................................................................................HB 227 Campus policemen; school security personnel; law enforcement powers.............HB 996 Center for Trade and Technology Transfer; board of directors; provisions............................................................................................... HB 330 Certain schools; low-wealth capital outlay grants..................................................HB 149 Children adjudicated delinquent; provide information to school principals ................................................................................................ HB 302 Colleges; persons seeking admittance; prohibit indexing of grades .......................HB 79
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INDEX

2791

EDUCATION (Continued) Commercial driver training; certain expenses; recovery by local units ...............HB 420 Computers in classrooms and libraries; encourage certain Internet blocking software ....................................................................... HR 213 Cooperative library projects; certain agencies; funding.........................................HB 576 Driver's license; amend provisions ...........................................................................HB 793 Driver's license; persons under age 18; driver training course...........................HB 1059 Driver's license; persons under age 21; driver education course..........................HB 581 Driver training; certain provisions; exclude certain schools..................................HB 343 Driver training in public schools; impose fee to fund - CA...................................HR 643 Education funding; impose state-wide 1% sales tax - CA.......................................HR 11 Education funding; repeal ad valorem tax; impose 2% sales tax - CA....................HR 9 Educational care teams ............................................................................................... SB 50 Educational grants; public tuition assistance; private schools..............................HB 195 Educational loans; noncompliance; certain investment professionals; prohibit registration....................................................................... HB 230 Georgia Military College; funding through Department of Technical and Adult Education........................................................................ HB 840 Governing board members; increase training .........................................................HB 306 Governor's Education Reform Study Commission; create......................................HR 425 Health insurance; certain school employees and state employees; amend provisions......................................................................HB 301 High schools; interscholastic sports events; charter requirements.......................HB 798 High schools; Scholastic Aptitude Test; preparatory course.................................... SB 32 Honors program; certain out-of-state students .......................................................HB 425 HOPE scholarship eligibility; Pell grant recipients................................................HB 505 HOPE scholarship eligibility; Pell grant recipients................................................HB 596 HOPE scholarships; redefine "eligible high school"................................................HB 305 HOPE scholarships; semester system transition; scholarship extension.............HB 460 House Study Committee on School Absenteeism; create.......................................HR 357 House Study Committee on School Support Personnel; create .............................HR 329 Improved Student Learning Environment and Discipline Act of 1999; enact.................................................................................................. HB 605 Local boards; certain public school construction contracts; bids...........................HB 510 Local boards of education; urge posting of certain American heritage documents .............................................................................. HR 333 Medical scholarships; rural health care; amend provisions ..................................HB 260 Origins of life; presentation of scientific theories...................................................HB 426 Pre-kindergarten enrollment; child of teacher or employee ..................................HB 927 Private colleges and universities; redefine "institution of higher education"; medical loans and scholarships................... HB 211 Professional Standards Commission; amend provisions ........................................HB 945 Public school disciplinary tribunals ........................................................................... SB 35 Public school teachers and employees; health insurance plans; investment of funds...................................................................................... HB 43 Quality basic education; certain foreign language instruction; funding; grants .................................................................................. HB 506 Quality basic education; certain school social workers; funding........................... SB 101 Quality basic education; end-of-course exams; student performance goals .................................................................................................. HB 308 Quality basic education; limited-English-proficient students; midterm adjustment.............................................................................. HB 686 Quality basic education; midterm adjustments; training and experience..............HB 16 Quality basic education; midterm adjustments; training and experience............HB 142
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2792

INDEX

EDUCATION (Continued) Quality basic education; President's Day and Veterans Day; instruction provisions ..................................................................................... HB 68 Rape prevention and personal safety; Department of Education establish course.................................................................................... HB 171 "Richard B. Russell National School Lunch Act"; urge Congress rename "National School Lunch Act of 1946"........................... HR 378 Sales tax; certain educational purposes; authorize - CA.......................................HR 641 School buses; load limit.............................................................................................HB 967 School buses; prohibit riding while standing..........................................................HB 280 School buses; require passenger seat belts ...............................................................HB 42 School curriculum; include presentation of certain scientific evidence................HB 117 School liability insurance; include certain volunteer nonprofit organizations...........................................................................................SB 192 School safety plans; emergency management; funding assistance; training......... SB 74 School safety; prohibit razor blades on school property; local boards adopt anti-bullying policies; certain county school security personnel carry firearms .................................................. HB 84 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Schools; certain deficiencies and weaknesses; action plans to address................HB 396 Schools; certain drug or tobacco use; random testing............................................HB 993 Schools, colleges, and universities; urge voluntary change of certain mascots....................................................................................... HR 85 Schools; construction project teams; include educator ...........................................HB 698 School security personnel; authority to carry firearms.......................................... SB 152 School security personnel; local boards authorize carrying of firearms.................HB 41 Schools; in-school suspension; parental notification...............................................HB 589 Schools; parents choose school within system.........................................................HB 538 Schools; persons age 18 by September 1; prohibit enrollment..............................HB 550 Schools; safety policies; Department of Public Safety; School Security Officer Division.............................................................................HB 31 Schools; student discipline reports; file with State Board.....................................HB 628 Schools; students arrested on premises; prohibit return on same day................HB 987 Schools; students enrolled in certain programs; program counts...........................HB 38 Special instructional assistance programs; local boards identify most needy...................................................................................HB 800 Student codes of conduct............................................................................................. SB 49 Student honors program; include home study programs....................................... SB 112 Teaching certificate; grades K-3; certain required courses.................................... SB 182 "Zero tolerance" policies; urge discussion about use..............................................HR 332
EDWARDS, BARBARA ANN; condolences.............................................................. HR 657
EDWARDS, HALLffi WARD; commend...................................................................HR 285
EDWARDS, HONORABLE PRESTON B., JR.; condolences................................. HR 71
EFFINGHAM COUNTY Board of commissioners; compensation....................................................................HB 193 Board of commissioners; compensation....................................................................HB 418 Effingham Family Connection Commission; create ................................................HB 771 State court judge and solicitor-general; compensation...........................................HB 726
EFFINGHAM COUNTY DAY; recognize January 26, 1999..................................... HR 16
EFFINGHAM COUNTY HIGH SCHOOL REBELAIRES; commend................. HR 588
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INDEX

2793

ELBERT COUNTY; convey property ...........................................................................SR 45
ELDERLY Ad valorem tax deferral; senior citizens; certain counties ....................................HB 619 Aged and Disabled Transportation Task Force; create..........................................HR 622 Agency; appointment of guardian of property; effect on written and financial powers of attorney............................................................ HB 415 Assisted living facilities; enact provisions...............................................................HB 758 Buildings accessible by ramp; urge automatic door openers.................................HR 264 Community Health, Department of and Board of; Office of Women's Health....................................................................................................... SB 241 Crimes Against Elderly Act; enact; disabled adults and elder persons protection ......................................................................................... SB 163 Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act; enact................................................................................. HB 863 Disabled or elderly; report of abuse or neglect; immediate access petition ...................................................................................... SB 199 Durable power of attorney; certain form; repeal notice requirement...................HB 380 Durable power of attorney for health care; appointment of guardian.................HB 416 Guardian ad litem; services; probate court judge fix fee.......................................HB 413 Homestead exemption; certain senior citizens; applicable taxes ..........................HB 169 Insurance fraud; victims age 60 and older; increased penalties...........................HB 513 Interference with custody; redefine offense.............................................................HB 270 Medicare; certain recipients; prescription drug reimbursement .........................HB 1069 Radioactive material; transportation; Public Service Commission regulate.............................................................................................. HB 998 Social security system; urge Congress strengthen and insure continuation ........................................................................................... SR 46 State War Veterans' Home and Nursing Home; admission; residency requirement........................................................................................... HB 894 Temporary Health Care Placement Decision Maker for an Adult Act; agency; clarify effect of appointment of guardian of property; guardian ad litem; compensation ................................... HB 256 Wheelchairs; sales tax exemption.............................................................................HB 567 Wheelchairs; sales tax exemption.............................................................................HB 568
ELECTIONS Absentee ballots; certain government buildings; use for receiving and voting............................................................................................... HB 775 Absentee ballots; mailing by registrars; deadline...................................................HB 373 Absentee ballots; single application for mailings; elector request........................HB 778 Candidates; certain ballot access - CA....................................................................HR 620 Challenge of electors; poll watchers; number and training...................................HB 743 Code corrections..........................................................................................................HB 264 Congressional elections; cumulative voting in multiple-member districts.................................................................................................................... HB 473 County and municipal registrars; compensation ..................................................HB 1066 Early voting; provisions............................................................................................. SB 235 General Assembly and county officials; nonpartisan election...............................HB 491 House of Representatives; multi-member districts; General Assembly; membership and apportionment.......................................... HB 464 Initiative petition process - CA.................................................................................HR 201 Labor organizations; certain political contributions; regulate...............................HB 662 Optical scanning equipment; amend provisions......................................................HB 531 Petition for write-in candidacy; notarized and circulated by same person; disqualify.................................................................. HB 238
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2794

INDEX

ELECTIONS (Continued) Petition for write-in candidacy; notarized and circulated by same person; disqualify....................................................................... SB 6 Pluralities; amend provisions......................................................................,.............HB 959 Political campaigns; prohibit certain false statements ..........................................HB 281 Political campaigns; prohibit certain false statements ..........................................HB 282 Polling places; closing; repeal certain advertising requirement............................HB 776 Probation or parole officers as deputy registrars ...................................................HB 445 Voter Choice and Election Access Reform Act of 1999; enact...............................HB 672 Voter registration; driver's license locations; receipt..............................................HB 777 Voter registration; failure to supply certain information; prohibit rejection................................................................................ HB 51 Voters' certificates; electors lists; retention and preservation...............................HB 774 Voting; amend provisions ..........................................................................................HB 490 Voting; certain felony convictions; clarify certain term .........................................HB 133 Voting; certain preclearance requirement; urge Congress repeal .........................HR 199 Voting; child under age 17 in booth with parent ...................................................HB 266 Write-in votes; computation and certification; amend provisions.........................HB 773
ELECTRICAL SERVICE Agriculture, Department of; certain rented spaces; require electrical service..................................................................................................... HB 177 Electricity for crop irrigation; sales tax exemption..................................................HB 82 Electricity; gas used in production; sales tax exemption.........................................HB 54 Electricity; gas used in production; sales tax exemption.......................................HB 567 Electricity; gas used in production; sales tax exemption.......................................HB 568
ELECTRONIC RECORDS Civil and criminal cases; filings and dispositions information ............................. SB 176 Commerce and trade; electronic business communication; prohibit recording................................................................................................... HB 797 Corporations; certain documents; amend provisions ..............................................HB 682 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission...........................HB 224 Elections; optical scanning equipment; amend provisions.....................................HB 531 Electronic Commerce Study Committee; recreate .................................................... SB 61 Electronic records and signatures; legal effect; validity; admissibility; fraud; burden of proof .......................................................SB 62 Georgia Crime Information Center; certain criminal records; electronic dissemination ........................................................................ HB 613 Motor vehicles; certain drivers' information; access by insurers ..........................HB 546 Motor vehicles; tag service companies; certain records access..............................HB 706 Real estate appraisers; amend provisions...............................................................HB 312 Sheriffs; certain records; electronic storage and retrieval.....................................HB 235 Traffic-control signals; monitoring devices to record violations............................ SB 123 Voters' certificates; electors lists; retention and preservation...............................HB 774
ELLIJAY APPLE MARKETING ASSOCIATION Commend.....................................................................................................................HR 182 Invite members to House ..........................................................................................HR 211
ELLISON, BISHOP CHARLES H., SR.; condolences ........................................... HR 605
ELMORE, CHARLES; commend.............................................................................. HR 489
EMBRY, TERRY; commend ....................................................................................... HR 543
EMERGENCIES AND EMERGENCY SERVICES Crimes against police, firefighter, or emergency medical technician; sentencing.............................................................................. SB 120
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INDEX

2795

EMERGENCIES AND EMERGENCY SERVICES (Continued) Emergency management; director; personnel; training; certification; 911 Advisory Committee....................................................................SB 51 Emergency medical services; local governments; amend provisions.....................HB 882 Emergency medical services recognition day; observe ...........................................HR 392 Emergency 911 system; certain costs; authorize payment.................................... SB 138 Emergency 911; wireless service suppliers; charges .............................................. SB 170 Emergency Telephone System Fund; allow certain payments ..............................HB 411 Employees' Retirement; Public Safety Training Center; Georgia Emergency Management Agency; certain employees .......................... HB 614 Fulton-DeKalb Hospital Authority; urge continuance of programs for needy............................................................................................ HR 578 Grady Health System Inc; reduced or free services; urge Fulton County Commission coordinate efforts........................................... HR 577 HIV; certain contact by police or emergency personnel; expedite testing.................................................................................................... HB 1061 House Study Committee on Ambulance Service; create ........................................HR 439 Income tax credit; certain disaster assistance..........................................................HB 92 Income tax credit; certain disaster assistance ..........................................................HB 96 Medical assistance; certain hospital emergency claims; payment ........................HB 705 "Neil Jordan Holton Hazardous Materials Training Facility"; designate ............HR 325 Public records; disclosure; exempt certain 911 records..........................................HB 511 School safety plans; emergency management; funding assistance; training......... SB 74 Schools; safety policies; Department of Public Safety; School Security Officer Division............................................................................. HB 31 State budget; limit growth; excess revenue uses - CA ............................................HR 81
EMINENT DOMAIN Certain assessors; cost limitation.............................................................................HB 313 Counties and municipalities; certain property ........................................................HB 844
EMISSIONS, MOTOR VEHICLES Certain low-emission vehicles; certain electric chargers; income tax credits..................................................................................................HB 801 Gasoline and diesel fuel; maximum sulfur content................................................HB 138 Inspections; exempt certain vehicles........................................................................HB 333 Inspection stations; certain fee.................................................................................HB 608
EMPLOYEES' RETmEMENT SYSTEM (See Retirement and Pensions or State Employees)
EMPLOYMENT Ad valorem tax; personal property exemption; certain tools...................................HB 20 Ad valorem tax; personal property exemption; certain tools...................................HB 21 Employer provided or sponsored child care; income tax credit; depreciation................................................................................................. HB 610 Income tax credit; federal qualified transportation fringe benefits......................HB 147 Labor organizations; certain political contributions; regulate...............................HB 662 Minimum wage; gradual increase; calculation by Department of Labor.............HB 549 Professional employer organizations; provisions.....................................................HB 561 Sexual harassment; right of action; provisions.......................................................HB 311 Unemployment; employer contributions; allow certain suspension......................HB 747 Workforce Reinvestment Act of 1999; enact............................................................HB 779 Workforce Reinvestment Act of 1999; enact............................................................ SB 222
EMPLOYMENT SECURITY Health; breast-feeding in public; provisions; employer accommodations............... SB 29 Professional employer organizations; provisions.....................................................HB 561
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2796

INDEX

EMPLOYMENT SECURITY (Continued) Sexual harassment; right of action; provisions.......................................................HB 311 Supplemental appropriations; FY 1998-99; Department of Labor........................HB 474 Unemployment benefits; disqualification; additional ground ....................................HB 5 Unemployment; employer contributions; allow certain suspension ......................HB 747 Workforce Reinvestment Act of 1999; enact............................................................HB 779 Workforce Reinvestment Act of 1999; enact............................................................ SB 222
ENGINEERS AND LAND SURVEYORS Building codes; compliance; professional engineers perform inspections.............HB 151 Certification; exempt certain Department of Transportation employees .............HB 400 Open records; exempt certain cost estimates and bid proposals ..........................HB 250
ENGLISH, RICHARD, JR.; commend......................................................................HR 398
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EPSTEIN SCHOOL; commend.................................................................................. HR 411
EQUAL RIGHTS "African American Business Enterprise Day"; invite Georgia Summit of African-American Business Organizations to House.......... HR 99 Breast Cancer Patient Care Act; enact....................................................................HB 604 Breast Cancer Patient Care Act; enact.................................................................... SB 141 Certain Holocaust benefits; income tax exemption ................................................HB 385 Certain surgeries; length of stays; discharges; urge governor direct monitoring.................................................................................... HR 522 Community Health, Department of and Board of; Office of Women's Health....................................................................................................... SB 241 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act; enact.............................................................................................. HB 863 Fair business practices; prohibit certain gender discrimination...........................HB 162 Georgia Commission on Women; absences; residency requirement......................HB 658 Georgia Racial Justice Act; enact.............................................................................HB 137 Health; breast-feeding in public; provisions; employer accommodations............... SB 29 Health insurance; coverage for contraceptives........................................................HB 374 House Ovarian Cancer Study Committee; create...................................................HR 217 Joint Study Committee on the Commission on Equal Opportunity; create ........HR 287 Juvenile proceedings; certain termination of parental rights; adoption proceedings ................................................................................. HB 218 Mclntosh Reserve Historical Authority; abolish .....................................................HB 954 Minimum wage; gradual increase; calculation by Department of Labor.............HB 549 Morbid Obesity Anti-discrimination Act; enact......................................................... SB 24 Partial-birth abortion; prohibit; penalties; exceptions............................................HB 854 Public schools and colleges; urge change of certain mascots ..................................HR 85 Rape; redefine offense; female under age ten.........................................................HB 249 Sexual harassment; right of action; provisions.......................................................HB 311 Universal Declaration of Human Rights; reaffirm support.....................................HR 55 Urging investigation of certain murders; President and Attorney General............................................................................................HR 477 Voting; certain preclearance requirement; urge Congress repeal .........................HR 199 Woman's Right to Know Act; enact..........................................................................HB 329
EQUITY Local retirement systems; certain invested assets; increase percentage .............HB 244 Proceedings of quia timet; certain notices; delete certain signature requirement........................................................................................... HB 790
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INDEX

2797

ERVIN, LINDA; commend.......................................................................................... HE 551
ESTATES (See Wills, Trusts, and Administration of Estates)
EUGENE BELCHER MEMORIAL BRIDGE; designate...................................... HR 415
EVANS COUNTY State service delivery regions; reclassify certain counties.....................................HB 755
EVANS, HONORABLE MIKE Communication; Republican Caucus Election........................................................Page 45
EVIDENCE Expert witnesses; payment of reasonable fee .......................................................HB 1078 Juvenile proceedings; certain parent-child communication; privileged ................HB 354 Motor vehicle accident reports; originals; filing certified and authenticated copies......................................................................... SB 154 Privileged medical information; raw research data; limit discovery and admissibility..........................................................................HB 560 Sign language and intermediary interpreters; services.........................................HB 666 Subpoenas; witness fees and mileage; amend provisions ......................................HB 340
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Certain counties and municipalities; authorize levy..............................................HB 558 Certain motor fuels; levy and rate.............................................................................HB 63 County excise tax; severance of solid minerals ......................................................HB 208 County excise tax; severance of solid minerals ......................................................HB 480 Hotels and motels; amend provisions ......................................................................HB 499 State Sovereignty and Federal Tax Funds Act; enact..............................................HB 52 Trails or walkways; extend certain date .................................................................HB 241
EXECUTIONS AND JUDICIAL SALES Judicial sales; publication of notices; official organs; amend provisions.................................................................................................... HB 782
F

FAIRCLOTH, COACH NORMAN; commend.......................................................... HR 693
FAMILY (See Domestic Relations)
FAMILY AND CHILDREN SERVICES Child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses; fees; ratify National Crime Prevention and Privacy Compact ...........SB 165 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Day-care center employees; records check; state and national fingerprint records check.................................................................. HB 30 Disabled or elderly; report of abuse or neglect; immediate access petition...................................................................................... SB 199 Employees' Retirement; certain county employees; creditable service.................HB 975 Employees' Retirement; certain county employees; creditable service ...............HB 1052 Employees' Retirement; certain county employees; creditable service...............HB 1090 Foster homes; licensing; require submission of fingerprints .................................HB 750 Georgia Welfare to Work Tax Credit; enact ............................................................HB 598 Housing authorities; certain tenants; prohibit eviction .........................................HB 229 Human Resources, Department of; foster and adoptive homes; certain adult conviction data....................................................................SB 102 Mental health; children and adolescents; resources to provide service ...............HB 492
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2798

INDEX

FAMILY AND CHILDREN SERVICES (Continued) National Crime Prevention and Privacy Compact; ratify; day-care or foster home applicants; fingerprinting................................. HB 298 National Crime Prevention and Privacy Compact; ratify; foster home applicants; fingerprinting..................................................... HB 751 Nursing facility child care centers; provisions........................................................HB 575 Special plates; Year 2000 Children's Plate.............................................................. SB 253 Temporary assistance for needy families; qualified aliens.................................... SB HO
FAMILY VIOLENCE Crimes against Family Members Act; enact........................................................... SB 113 Restraining orders; contempt; exclusion..................................................................HB 642 Stalking; certain restraining orders; contempt; exclusion .....................................HB 671
FANNIN COUNTY; homestead exemption; certain residents................................ HB 554
FANNIN COUNTY HIGH SCHOOL LADY REBELS BASKETBALL TEAM; commend ...........................................................................HR 558
FANNIN COUNTY RECREATION DEPARTMENT NINE AND TEN YEAR OLD GIRLS BASKETBALL TEAM; commend...................HR 559
FARMS AND FARM PRODUCTS Ad valorem tax; certain property; recording feea.....................................................HB 33 Agricultural Commodity Commission for Peanuts; property; powers...................HB 541 Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Agricultural products; trade barriers or sanctions; urge Congressional action...................................................................................... SR 136 Agriculture, Department of; certain rented spaces; require electrical service ....................................................................................... HB 177 Agriculture, Department of; certain rented spaces; require steps........................HB 175 Bona fide conservation use property; ownership qualifications; amend provisions .......................................................................... HB 176 Bona fide conservation use property; qualified owner; family owned farm entities ...................................................................... HB 240 Certain farm equipment; ad valorem tax exemption...............................................HB 28 Certain farm equipment; ad valorem tax exemption.............................................HB 409 Certain grass sod; sales tax exemption ...................................................................HB 901 Cotton Producers Indemnity Fund of 1999; create ................................................HB 148 Electricity for crop irrigation; sales tax exemption..................................................HB 82 Export enhancement program; urge federal Department of Agriculture utilize............................................................................................... SR 135 Farmers' mutual fire insurance; certain policies; risk amount............................... SB 37 Federal Crop Insurance Program; urge Congress revise .......................................HR 435 Flour, grits, hominy, and cornmeal; repacking; repeal certain provisions..................................................................................................... HB 78 Georgia Agricultural Facilities Authority Act; enact..............................................HB 870 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact; delegation expenses ............................................. SB 34 Tobacco Community Development Board; create....................................................HB 872 Tobacco crop; insurance; length of coverage............................................................HB 121
FEDERAL GOVERNMENT Ad valorem tax; certain members of armed forces; exempt vehicles ...................HB 368 Ad valorem tax; nonresident soldiers and sailors; motor vehicle tax situs.......................................................................................... HB 441 Agricultural products; trade barriers or sanctions; urge Congressional action......................................................................................SR 136 American Heritage in Education Act; enact............................................................HB 127
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INDEX

2799

FEDERAL GOVERNMENT (Continued) American Heritage in Education Act; enact...... .....................................................HB 303 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Census; urge federal government take by actual enumeration ............................HR 580 Certain murders in Walton County; urge President and Attorney General order investigation........................................................... HR 477 Congressional elections; cumulative voting in multiple-member districts..................................................................................... HB 473 Employees' Retirement; define certain tenn...........................................................HB 569 Environmental Protection Agency; pesticide risk evaluation; urge use of certain procedures ......................................................... HR 257 Export enhancement program; urge federal Department of Agriculture utilize................................................................................................... SR 135 Federal budget; military funds; redistribute to states.............................................HR 97 Federal Crop Insurance Program; urge Congress revise .......................................HR 435 Foster homes; licensing; require submission of fingerprints .................................HB 750 HOPE scholarship eligibility; Pell grant recipients................................................HB 505 HOPE scholarship eligibility; Pell grant recipients................................................HB 596 Insurance premium taxes; residents of military facilities; require certain agreement....................................................................HB 890 Joint session; message from the United States Secretary of Agriculture........................................................................................ HR 375 "Know Your Customer" proposed regulations; urge withdrawal from consideration............................................................................. HR 428 Kyoto Protocol; oppose ...............................................................................................HR 441 Land and Water Conservation Fund; urge Congress support appropriations.....HR 438 Local boards of education; urge posting of certain American heritage documents .............................................................................. HR 333 Medicare supplement insurance; define certain terms ............................................HB 94 National Crime Prevention and Privacy Compact; ratify......................................HB 298 National Crime Prevention and Privacy Compact; ratify......................................HB 751 National Crime Prevention and Privacy Compact; ratify...................................... SB 165 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Professional engineers and land surveyors; certification; exempt certain employees............................................................... HB 400 Public Employees' Portable Retirement; 401(k) accounts....................................HB 1094 Public retirement systems; minimum funding standards; comply with federal law........................................................................................ HB 616 Quality basic education; President's Day and Veterans Day; instruction provisions ..................................................................................... HB 68 Quality Health Care Coalition Act; urge Congress enact......................................HR 120 Revenue Code; conform to federal code; joint returns; innocent spouse relief.............................................................................................. HB 56 "Richard B. Russell National School Lunch Act"; urge Congress rename "National School Lunch Act of 1946"........................... HR 378 Secured transactions; collateral; certain repossession............................................HB 702 Social security number; include on license applications and other records; child support withholding..................................................... HB 379 Social security system; urge Congress strengthen and insure continuation ........................................................................................... SR 46 Spanish American War Tax; urge Congress repeal................................................HR 368 State Sovereignty and Federal Tax Funds Act; enact..............................................HB 52 Teachers Retirement; define certain term...............................................................HB 570 Tobacco lawsuit; urge Congress prevent federal recoupment of settlement...................................................................................... HR 424
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2800

INDEX

FEDERAL GOVERNMENT (Continued) Urging investigation of certain murders; President and Attorney General............................................................................................HR 477 Voting; certain preclearance requirement; urge Congress repeal .........................HR 199
FIDUCIARIES; Uniform Fraudulent Transfers Act; enact..................................... HB 257
FIELDS, FRANK C.; commend....................................................................................HR 14
FINANCIAL INSTITUTIONS Amend provisions .......................................................................................................HB 297 Bad checks; damages; include certain bank fees...............................,....................HB 562 Credit cards; merchant discount rate; limit..........................................................HB 1056 Deposit account fraud; certain warrants; amend provisions .................................HB 594 Deposit account fraud; restitution; certain bank fees............................................HB 317 Industrial loans; regulation by commissioner of banking and finance ................HB 472 Insurance; certain transactions ................................................................................HB 656 Intangible recording tax; long-term notes; amend provisions.................................HB 62 Intangible tax; amend provisions ...............................................................................HB 61 "Know Your Customer" proposed regulations; urge withdrawal from consideration............................................................................. HR 428 Lawyers' trust accounts; certain duties...................................................................HB 435 Prohibit certain fingerprint requirement.................................................................HB 481 State agencies; certain transactions; prohibit...........................................................HB 50 Treasury and Fiscal Services, Office of; certain deposits; time limit...................HB 222
FINES AND FORFEITURES Driving under the influence; certain violators; vehicles subject to forfeiture................................................................................................ HB 639 Summons; waiver of service; amend provisions......................................................HB 708
FIRE PROTECTION Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Assisted living facilities; enact provisions...............................................................HB 758 Crimes against police, firelighter, or emergency medical technician; sentencing.............................................................................. SB 120 Farmers' mutual fire insurance; certain policies; risk amount............................... SB 37 Fire and other hazards; misdemeanor violations; jurisdiction................................ SB 73 Fire extinguishers and suppression systems; redefine "firm" ...............................HB 173 Fire Safety, Department of; create...........................................................................HB 918 Firelighters' Pension; certain death benefit ............................................................HB 495 Firefighter's Pension; membership; definition; repeal certain provision.........................................................................................HB 887 Firefighter's Pension; retirement allowance ............................................................HB 763 Firelighters' Recognition Day; observe.....................................................................HR 140 Firelighters; special license plates; retirement provision ......................................HB 855 Firefighters; special license plates; retirement provision ...................................... SB 127 Fireworks; redefine ....................................................................................................HB 335 Handicapped; public building access; Safety Fire Commissioner regulate.......................................................................................... HB 497 HIV; certain contact by police or emergency personnel; expedite testing.................................................................................................... HB 1061 Local governing authorities; volunteer firelighters serve as members ................HB 402 Local governing authorities; volunteer firelighters serve as members .................. SB 13 Sales tax; exempt certain sales to volunteer fire departments.............................HB 123 State minimum standard codes; exclude Standard Fire Prevention Code ..........HB 633
FIREARMS American firearms industry; welcome to Georgia ..................................................HR 171
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INDEX

2801

FIREARMS (Continued) Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Certain civil actions; reserve right to state ............................................................HB 189 Concealed weapons; prohibitions; exempt certain retired district attorneys....................................................................................... HB 110 Connecticut arms manufacturers; invite to relocate to Georgia ...........................HR 380 Dangerous instrumentalities; prohibit certain instructional communication.................................................................................HB 498 Jails; guard lines; certain prohibited activity.........................................................HB 128 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Require owners carry liability insurance...................................................................HB 86 School security personnel; authority to carry firearms............................................HB 41 School security personnel; authority to carry firearms.......................................... SB 152 Specially trained handgun license............................................................................HB 387 Weapons prohibited at school; include razor blades; certain counties; school security personnel carry firearms ................................. HB 84
FISH AND FISHING (Also, see Game and Fish) Certain public docks or piers; license not required................................................HB 203 Crabs and crabbing; amend provisions....................................................................HB 681 Creel, possession, and size limits; change certain limits.......................................HB 109 Flounder and whiting; certain vessels; no possession limit.................................. SB 159 License application; include social security number; child support withholding ..................................................................................... HB 379 Sales tax; exempt certain dyed diesel fuel..............................................................HB 528 Shrimp; noncommercial taking; provisions..............................................................HB 107
FISHER BARFOOT HIGHWAY; designate.............................................................HR 437
FITZGERALD, CITY OF Fitzgerald and Ben Hill County Development Authority; executive secretary.............................................................................. HB 895 Fitzgerald-Ben Hill County Charter Commission; create......................................HB 896
FLAGS; state flag; change design............................................................................... HB 163
FLETCHER, JAMES H.; commend...........................................................................HR 239
FLETCHER, WILL; commend ................................................................................... HR 110
FLINT JUDICIAL CIRCUIT Continue...................................................................................................................... SB 117 Judges and district attorneys; salary supplement.................................................. SB 220
FLOYD, ANDREW B.; commend...............................................................................HR 712
FLOYD COUNTY Convey property ........................................................................................................... SR 45 Grant easements ........................................................................................................HR 119
FLOYD, ROSE; commend........................................................................................... HR 235
FOOD Certain vending machine sales; sales tax exemption.............................................HB 479 Flour, grits, hominy, and cornmeal; repacking; repeal certain provisions ......................................................................................... HB 78 Milk and milk products; amend provisions...............................................................HB 77
FOREIGN GOVERNMENTS Agricultural products; trade barriers or sanctions; urge Congressional action...................................................................................... SR 136 Certain Holocaust benefits; income tax exemption ................................................HB 385 Income tax; Nazi persecution victims; exclude reparation income.....................HB 1058
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2802

INDEX

FOREIGN GOVERNMENTS (Continued) Insurance; state of entry to U. S. for alien insurers................................................HB 26 Kyoto Protocol; oppose ...............................................................................................HR 441 Marriage; ceremonies in foreign nations; licensing; effect.....................................HB 344 Marriage ceremonies; mayors perform; foreign nations; amend provisions.........HB 791 Spanish American War Tax; urge Congress repeal................................................HR 368 Teachers Retirement; certain overseas schools; creditable service .......................HB 978
FOREST PARK, CITY OF; commend ...................................................................... HR 450
FORESTS AND PLANT RESOURCES Conservation use property; family owned farm entities........................................HB 240 County excise tax; severance of solid minerals ......................................................HB 208 County excise tax; severance of solid minerals ......................................................HB 480 Forestry practices; allow on land owned in fee simple ..........................................HB 112 Georgia Forestry Commission; certain reforestation efforts; urge continuation...................................................................................... HR 266 Land-disturbing activities; repeal certain permit requirements ...........................HB 657 Length and loads of vehicles; unprocessed forest products; strobe lights and flags............................................................................. SB 47 Official Garden and Nature Trail of Georgia; designate .......................................HB 179 Pine straw sales; business license or tax identification number..........................HB 327 Professional foresters; registration; social security number; child support withholding.......................................................HB 379 Revenue; amend provisions; Office of Fine Collections; create...............................HB 97 Secretary of State; examining boards; amend provisions ......................................HB 734 State tree protection law; establish..........................................................................HB 557 Structural pest control; Georgia wood infestation inspection reports; requirements........................................................................ HB 1029
FORFEITURE OF PROPERTY (See Fines and Forfeitures)
FORSYTH, CITY OF; mayor; repeal term limits.....................................................SB 277
FORSYTH COUNTY Board of commissioners; compensation....................................................................HB 961 Certain sheriffs employees; exempt from civil service system.............................HB 962 Homestead exemptions ..............................................................................................HB 957
FORT GAINES, CITY OF; plurality elections.........................................................HB 883
FORT GAINES LIONS CLUB; commend................................................................HR 232
FORT OGLETHORPE POLICE DEPARTMENT; commend............................... HR 626
FOSTER FAMILY BRIDGE Designate.....................................................................................................................HR 437 Designate....................................................................................................................... SR 42
FOSTER, FRED; commend ........................................................................................ HR 229
4-H DAY AT THE STATE CAPITOL Invite Dr. Roger C. (Bo) Ryles to House..................................................................HR 100
FRAIZER, MISS JAYE; invite to House.................................................................. HR 359
FRANCHISES Motor vehicle franchise practices; amend provisions .............................................HB 356 Real estate company; license requirements.............................................................HB 802
"FRANK EARL STANCIL SR. INTERCHANGE"; designate..............................HR 334
FRAUD AND FORGERY Deposit account fraud; certain warrants; amend provisions .................................HB 594 Deposit account fraud; restitution; certain bank fees............................................HB 317
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2803

FRAUD AND FORGERY (Continued) Insurance fraud; victims age 60 and older; increased penalties...........................HB 513
"FRED LEE BRADY BRIDGE"; designate..............................................................SR 150
FREDERICKS, GLORIA Y.; commend..................................................................... HE 410
FREEMAN, KATIE; commend................................................................................... HR 461
FREEMAN, KELCY SUSANNAH; invite to House..................................................HR 56
FUEL (See Gas, Gasoline, and Gas Service)
FULTON COUNTY Certain taxes; establish single due date .................................................................HB 590 County building authorities; certain cities; redefine "project"; amend provisions.................................................................... HB 737 County law libraries; certain counties; certain court cost.....................................HB 853 Fulton-DeKalb Hospital Authority; urge continuation of programs for needy............................................................................................ HR 578 Grady Health System Inc; reduced or free services; urge Fulton County Commission coordinate efforts........................................... HR 577 Grant easements ........................................................................................................HR 119 Grant easements ........................................................................................................HR 169 House City of Atlanta and Fulton County Local Government Study Committee; create................................................................. HR 642 Local option sales tax; certain counties; prohibit certain reduction of proceeds................................................................................ HB 537 Magistrates; number and appointment....................................................................HB 690 State court; chief clerk; court administrator...........................................................HB 688 State court; judges and solicitors-general; Judicial Retirement System................................................................................................. HB 689
G

GAINES, LUCAS BARTLETT; commend................................................................HR 662
GAINESVHJLE BALLET COMPANY; commend.................................................... HR 248
GAINESVILLE, CITY OF; redevelopment authority; additional powers ...........HB 1049
GAINESVILLE HIGH SCHOOL; invite championship teams to House..............HR 292
GAINESVILLE JAYCEES Early intervention program for troubled teenage boys; commend........................HR 190
GAMBLING Bingo; increase prize amount....................................................................................HB 382 Coin operated amusement machines; amend provisions..........................................HB 88 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 House Study Committee on Gaming; create...........................................................HR 618 Joint Study Committee on Gaming; create .............................................................HR 286
GAME AND FISH Crabs and crabbing; amend provisions....................................................................HB 681 Fish; creel, possession, and size limits; change certain limits..............................HB 109 Fishing; certain public docks or piers; license not required..................................HB 203 Flounder and whiting; certain vessels; no possession limit.................................. SB 159 Hunting; restrict within 300 yards of residence.....................................................HB 186 License application; include social security number; child support withholding...................................................................... HB 379 Shrimp; noncommercial taking; provisions..............................................................HB 107
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2804

INDEX

GANTT, DAVID; commend.........................................................................................HR 525
GARDEN CITY, CITY OF; homestead exemption..................................................HB 874
GARNER, SETH ALAN; commend...........................................................................HR 356
GARNISHMENT Certain actions allowed by corporate officers ........................................................... SB 19 Pension funds; additional exemption ...........................................................................HB 6
GARRETT, GARY; commend.....................................................................................HR 609
GAS, GASOLINE, AND GAS SERVICE Gas used in production of electricity; sales tax exemption.....................................HB 54 Gas used in production of electricity; sales tax exemption ...................................HB 567 Gas used in production of electricity; sales tax exemption...................................HB 568 Gasoline and diesel fuel; maximum sulfur content................................................HB 138 Kerosene and gasoline pumps; certain tax information; require decals ..............HB 741 Natural Gas Marketing Act of 1999; enact.............................................................HB 180 Natural gas service; market conditions; Public Service Commission initiate certain proceedings ............................................... HB 822 Sales tax; exemption of certain motor fuels; amend provisions..............................HB 57 Underground storage tanks; trust fund; fees; Environmental Protection Division's powers....................................................... HB 185
GATE CITY BAR ASSOCIATION Commend.....................................................................................................................HR 383 Commend.....................................................................................................................HR 495
GATEWOOD SCHOOLS LADY GATORS BASKETBALL TEAM; invite to House .............................................................................................HR 498
GELLERSTEDT, D. GAYLE; commend................................................................... HR 690
GENERAL ASSEMBLY Adjournment; adjourn 1/15/99; reconvene 1/25/99......................................................HR 8 Adjournment; adjourn 2/17/99; reconvene 2/22/99.................................................. SR 161 Adjournment; adjourn 2/24/99; reconvene 3/1/99....................................................HR 374 Adjournment; adjourn 3/4/99; reconvene 3/8/99......................................................HR 432 Adjournment; adjourn 3/10/99; reconvene 3/15/99.................................................. SR 257 Adjournment; adjourn 3/18/99; reconvene 3/22/99.................................................. SR 288 Adjournment; adjourn sine die 3/24/99.................................................................... SR 383 Aged and Disabled Transportation Task Force; create ..........................................HR 622 Appropriations; certain funds not lapse - CA.........................................................HR 126 Bipartisan Joint Commission on Criminal Justice Reform; create.......................HR 367 Certain sentences; serve in entirety; General Assembly provide - CA................HR 645 Claims Advisory Board; exclude certain small claims from payment...................... SB 9 Claims against state; amend provisions ..................................................................HB 815 Daily expense allowance ............................................................................................HB 475 Environmental legislation; require fiscal note........................................................HB 535 Final ten days of session; enact only repealers and appropriations - CA ............................................................................................... HR 478 Final 20 days of session; enact only repealers and appropriations - CA ............................................................................................... HR 476 Fiscal notes; amend provisions .................................................................................HB 522 Fiscal notes; preparation by state auditor and Department of Audits................HB 166 General appropriations; FY 1999-2000....................................................................HB 144 General bills increasing revenue; two-thirds vote required - CA...........................HR 58 Georgia Rail Passenger Overview Committee; membership..........,.......................HB 455 Housing Affordability Impact Note Act; enact..........................................................HB 58 Joint Highway Study Committee; create...................................................................HR 82
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2805

GENERAL ASSEMBLY (Continued) Joint Manufactured Housing Study Committee; create.........................................HR 154 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create..............................................HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create ...............................................SR 116 Joint session; Governor's message................................................................................HR 6 Joint session; Governor's message; invite Justices and Appeals Court Judges ......................................................................................HR 61 Joint session; inauguration of Governor and Lieutenant Governor .........................HR 3 Joint session; message from Chief Justice of Supreme Court...................................HR 7 Joint session; message from the United States Secretary of Agriculture........................................................................................ HR 375 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create....................................................................HR 330 Joint Study Committee on Gaming; create.............................................................HR 286 Joint Study Committee on Health Care Treatment for Drug Abuse; create.......................................................................................... HR 155 Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create ..................................................................... HR 84 Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County; create.....................SR 88 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; State Commission on Drug Addiction; Joint Manufactured Housing Study Committee; Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; Joint West Georgia River Protection Act Study Committee; House Lake Lanier Water Quality Study Committee; create........................................SR 184 Joint Study Committee on the Commission on Equal Opportunity; create ........HR 287 Joint Study Committee on Water Management and Allocation; create............... SR 175 Joint Water Resources Policy Study Committee; create ........................................HR 372 Joint West Georgia River Protection Act Study Committee; create .....................HR 215 Legislative Retirement; certain members; membership.........................................HB 859 Legislative Retirement; deceased or divorced spouse; allowance..........................HB 599 Legislative Retirement; discretionary allowance increase................................... HB 1031 Members' compensation.............................................................................................HB 100 Membership and apportionment; House of Representatives; multi-member districts.......................................................................................... HB 464 Nonpartisan election..................................................................................................HB 491 Notify Senate; House convened ....................................................................................HR 2 Pages; urge compensation increase ..........................................................................HR 725 Senate; four-year terms - CA....................................................................................HR 168 Senate; reapportion districts 1, 2, 34, and 44 ........................................................ SB 109 State budget; limit growth; excess revenue uses - CA ............................................HR 81 State entities; inventory of buildings; submit to certain committees...................HB 217 State government; lobbying services; prohibit public funds ..................................HB 720 Supplemental appropriations; FY 1998-1999 ..........................................................HB 101 Supplemental appropriations; FY 1998-1999..........................................................HB 102 Supplemental appropriations; FY 1998-1999 ..........................................................HB 143 Supplemental appropriations; FY 1998-1999 ..........................................................HB 145 Supplemental appropriations; FY 1998-1999; Department of Labor....................HB 474 Supplemental appropriations; FY 1999-2000 ..........................................................HB 103 Tax relief; authorize General Assembly provide by law - CA.................................HR 59
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2806

INDEX

GENERAL ASSEMBLY (Continued) Teachers Retirement; service in General Assembly; creditable service .............HB 1043 Tires; certain fees; extend certain time limit; reports ...........................................HB 578
GENTRY, SYLVIA; commend..................................................................................... HR 594
GEORGE WALTON COMPREHENSIVE HIGH SCHOOL Invite certain persons to House..................................................................................HR 51
GEORGIA ASSOCIATION OF BLACK STATE UNIVERSITIES; commend......................................................................................HR 123
GEORGIA ASSOCIATION OF DRUG COURT PROFESSIONALS AND NATIONAL DRUG COURT WEEK, JUNE 1-7, 1999; recognize.........................................................HR 557
GEORGIA ASSOCIATION OF EDUCATORS GAE Day at the Capitol; designate February 8, 1999...........................................HR 240
GEORGIA ASSOCIATION OF PERSONNEL SERVICES; commend...............HR 480
GEORGIA BUREAU OF INVESTIGATION (GBI) Commend.....................................................................................................................HR 250 Foster homes; licensing; require submission of fingerprints .................................HB 750 Georgia Crime Information Center; certain criminal records; electronic dissemination.......................................................................... HB 613 National Crime Prevention and Privacy Compact; ratify; child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses, fees..................... SB 165 National Crime Prevention and Privacy Compact; ratify; day-care or foster home applicants; fingerprinting............................................HB 298 National Crime Prevention and Privacy Compact; ratify; foster home applicants; fingerprinting................................................................. HB 751
GEORGIA EMERGENCY MANAGEMENT AGENCY Invite representatives to House................................................................................HR 427
GEORGIA FARM BUREAU FEDERATION; invite president to House..............HR 29
GEORGIA FRATERNAL ORDER OF POLICE; commend................................. HR 682
GEORGIA HISTORICAL RECORDS ADVISORY BOARD; commend.............HR 290
GEORGIA HUMANITIES COUNCIL DAY AT THE STATE CAPITOL; invite Dr. Jamil S. Zainaldin to House .................................HR 272
GEORGIA INSTITUTE OF TECHNOLOGY; commend.......................................HR 500
GEORGIA MILITARY PENSION FUND; create...................................................HB 563
GEORGIA NATIONAL GUARD DAY; declare.......................................................HR 310
GEORGIA PEACH FESTIVAL; commend...............................................................HR 228
GEORGIA PTA DAY AND NATIONAL PTA FOUNDERS DAY; declare February 17, 1999; invite president to House.................................HR 196
GEORGIA SPORTS HALL OF FAME AUTHORITY; invite to House .............HR 118
GEORGIA TASK FORCE ON AIDS; commend ..................................................... HR 563
GEORGIA TECH YELLOW JACKETS FOOTBALL TEAM; commend........................................................................................................HE 388
GD3SON, GERALDINE; commend............................................................................HR 731
GILMER COUNTY; family connection commission; create.................................... HB 403
"GIRLS AND WOMEN IN SPORTS DAY" Recognize February 3, 1999; invite certain athletes to House................................HR 91
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2807

"GIRLS AND WOMEN IN SPORTS DAY" (Continued) Recognize February 4, 1999; invite certain athletes to House..............................HR 205
GLASCOCK COUNTY; convey property......................................................................SR 45
GLENNVILLE MAJOR GIRLS SOFTBALL TEAM; commend............................HR 79
GLYNN ACADEMY HIGH SCHOOL FOOTBALL TEAM; invite to House.............................................................................................HR 291
GOOD SAMARITAN CENTER OF DOUGLAS COUNTY, INC.; commend .......................................................................................HR 306
GOODMAN, PATRICIA; commend ........................................................................... HR 573
GOODRICH, MONIQUE; commend..........................................................................HR 107
GORDON COUNTY; board of elections; provisions................................................. HB 942
GORLEY, ANTHONY; commend...............................................................................HR 550
GOVERNOR Appointees; reside full-time in state........................................................................HB 349 Certain state officials; salary determination........................................................... SB 248 Certain surgeries; length of stays; discharges; urge governor direct monitoring........................................................................... HR 522 Communications; veto messages......................................................... Pages 32, 34, 36, 37 Consumers' Insurance Advocate; create................................................................... SB 200 Elections; candidates; certain ballot access - CA....................................................HR 620 Executive counsel; appointment of............................................................................... SB 3 Governor's Education Reform Study Commission; create......................................HR 425 Inauguration.............................................................................................................. Page 10 Insurance Commissioner; incapacity and cessation; council membership ...........HB 258 Joint session; Governor's message................................................................................HR 6 Joint session; Governor's message; invite Justices and Appeals Court Judges......................................................................................HR 61 Joint session; inauguration ...........................................................................................HR 3 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create.................................................................... HR 330 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create..................................................................... SR 184 Regional Transportation Authority; create................................................................ SB 57 Y2K computer problems; urge Governor take certain action..................................HR 86
GOVERNOR'S COUNCIL ON DEVELOPMENTAL DISABILITIES DAY AT THE CAPITOL; commend..........................................HR 341
GRACE, ANDY; commend .......................................................................................... HR 224
GRANTS Counties and local school districts; homeowner tax relief grants ........................HB 611 Education; certain schools; low-wealth capital outlay grants ...............................HB 149 Educational grants; public tuition assistance; private schools..............................HB 195 Local governments; homeowner tax relief grants; ad valorem tax credits..........HB 553 Quality basic education; certain foreign language instruction; funding..............HB 506 Rural Hospital Authorities Assistance Act; enact.................................................. SB 195 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Transportation grants; speed humps; prohibit consideration................................HB 324
GRAY, LAURA; commend........................................................................................... HR 192
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2808

INDEX

GREEN, JOHN P. "J. P."; condolences.....................................................................HR 653
GREENE COUNTY; family connection commission; add member ........................ HB 704
GRIFFIN, CITY OF Griffin-Spalding County Board of Education; compensation.................................HB 956
GRINSTEAD, DARYL L.; condolences....................................................................... HR 20
GRIZZARD, LARRY; commend................................................................................. HR 549
GROVETOWN, CITY OF; mayor; powers; duties....................................................SB 184
GUARDIAN AND WARD Agency; appointment of guardian of property; effect on written and financial powers of attorney............................................ HB 415 Durable power of attorney for health care; appointment of guardian.................HB 416 Guardian ad litem; services; probate court judge fix fee.......................................HB 413 Incapacitated adults; guardian ad litem; agency; clarify effect of appointment of guardian of property........................................ HB 256 Standby Guardianship Act; enact...........................................................................HB 1096 Temporary guardianship of minor; dissolution .......................................................HB 414 Workers' Compensation, State Board of; appointment of guardians...................... SB 39
GUARDS Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Jails; guard lines; certain prohibited activity .........................................................HB 128
GWINNETT COUNTY Board of commissioners...........................................................................................HB 1048 Board of commissioners ...........................................................................................HB 1095 Springbrook Golf Course Commission; create .......................................................HB 1021
GWINNETT COUNTY POLICE DEPARTMENT'S DUI TASK FORCE; recognize .........................................................................................HR 278
H
HABEAS CORPUS Clerk funding; indigent petitioners ..........................................................................HB 215 Prisoner litigation reform; actions in forma pauperis............................................ SB 115
HALL COUNTY Commission for children and families; create .......................................................HB 1003 Convey property .........................................................................................................HR 122 Convey property .........................................................................................................HR 169
HALL, VELMA WOOTEN; condolences ................................................................... HR 236
HALLMAN, DENNIS; commend................................................................................ HR 542
HAMILTON COUNTY, TENNESSEE; grant easement......................................... HR 169
HAMILTON MCWHORTER, JR., HIGHWAY; designate ......................................SR 150
HAMMOND, RICHARD; commend...........................................................................HR 234
HAMPTON, KEVIN TODD; compensate ................................................................. HR 163
HANCOCK COUNTY Board of commissioners; compensation....................................................................HB 851 Board of education; compensation............................................................................ SB 254
HANDICAPPED PERSONS Aged and Disabled Transportation Task Force; create ..........................................HR 622 Assisted living facilities; enact provisions...............................................................HB 758 Basic Bathroom Standards Act of 1999; enact .....................................................HB 1075
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2809

HANDICAPPED PERSONS (Continued) Blindness education, screening, and treatment programs; establish ...................HB 812 Buildings accessible by ramp; urge automatic door openers.................................HR 264 Certain homes for the disabled; ad valorem tax exemption .................................HB 365 Community trusts; death of life beneficiary; distribution of proceeds...............HB 1026 Crimes Against Elderly Act; enact; disabled adults and elder persons protection.................................................................................. SB 163 Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act; enact.............................................................................................. HB 863 Disabled or elderly; report of abuse or neglect; immediate access petition...................................................................................... SB 199 Division of Rehabilitation Services; transfer from Department of Human Resources to Department of Labor.............................. HB 172 Driver's license and identification card; fingerprinting; prohibit............................HB 13 Driver's license and identification card; fingerprinting; prohibit..........................HB 466 Driver's license and identification card; fingerprinting; prohibit..........................HB 521 Driver's license; certain epileptics; prohibit disqualification.................................HB 122 Interference with custody; redefine offense.............................................................HB 270 Mental health; disability services; state-wide guidelines ......................................HB 269 Motor vehicle emission inspections; exempt certain vehicles................................HB 333 Public building access; Safety Fire Commissioner regulate ..................................HB 497 Sign language and intermediary interpreters; services .........................................HB 666 Special plates and parking; handicapped persons; amend provisions..................HB 496 Teachers disabled or killed by act of violence; benefits.........................................HB 358 Wheelchairs and certain related equipment; sales tax exemption.........................HB 46 Wheelchairs; sales tax exemption.............................................................................HB 567 Wheelchairs; sales tax exemption.............................................................................HB 568
HANNITY, SEAN PATRICK; celebrate birth.......................................................... HR 144
HANSFORD, BEN; commend..................................................................................... HR 608
HARALSON COUNTY Family connection authority; create.........................................................................HB 920 Homestead exemption; certain residents.................................................................HB 921 Tallapoosa Judicial Circuit; judges and district attorney; salary supplements................................................................................. SB 238
HARDEN, DEBRA Commend.....................................................................................................................HR 184 Invite to House...........................................................................................................HR 254
HARN, J. DDOE; condolences .................................................................................... HR 674
HARP, HENRY KING, JR.; commend ..................................................................... HR 423
HARREVGTON, REVEREND W. FRANK; condolences........................................HR 483
HARRIS, BERNICE D.; compensate......................................................................... HR 200
HARRIS, CHARLIE FRANK; commend..................................................................HR 479
HARRIS, DR. HERSCHEL BILLUPS; condolences.............................................. HR 243
HARRISON, HOLMES, JR.; commend......................................................................HR 17
HART COUNTY EMERGENCY MEDICAL SERVICE; commend..................... HR 689
HARVEY, JUDGE JOHN R.; commend................................................................... HR 394
HARVEY, O. WALLACE; compensate....................................................................... HR 216
HASLUP, STUART; commend ...................................................................................HR 141
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2810

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HAWKINSVILLE, CITY OF Charter; repeal Act providing...................................................................................HB 201 Consolidation with Pulaski County..........................................................................HB 197
HAYES, MIKE; commend............................................................................................HR 607
HAZARDOUS SUBSTANCES Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Local government; certain recreational property; environmental testing............HB 660 "Neil Jordan Holton Hazardous Materials Training Facility"; designate.................................................................................................HR 325 Underground storage tanks; trust fund; fees; Environmental Protection Division's powers....................................................... HB 185
HAZLEHURST, CITY OF; corporate limits........................................................... HB 1035
HEALTH Acupuncture Act of Georgia; enact...........................................................................HB 814 Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Assisted living facilities; enact provisions...............................................................HB 758 Blindness education, screening, and treatment programs; establish ...................HB 812 Breast-feeding in public; provisions; employer accommodations............................. SB 29 Certain diabetic monitoring equipment; sales tax exemption...............................HB 551 Certificate of need; exempt certain home health agency services........................HB 316 Childhood Lead Exposure Control Act; enact .........................................................HB 904 Community Health, Department of and Board of; Office of Women's Health..................................................................................................SB 241 Complementary and Alternative Health Care Freedom of Access Act; enact............................................................................................... HB 749 County boards of health; certain drugs provided to minors; prohibition; exception............................................................................... HB 328 Dialysis centers; certain personnel; establish standards.......................................HB 205 Dialysis facilities and technicians; licensing; inspections......................................HB 646 Driver's license; certain epileptics; prohibit disqualification.................................HB 122 Durable power of attorney; certain form; repeal notice requirement...................HB 380 Durable power of attorney for health care; appointment of guardian .................HB 416 Emergency medical services; local governments; amend provisions.....................HB 882 Eyebanks; establishment; maintenance..................................................................... SB 64 Health records; certain drug test reports; rights of minors..................................HB 841 Health records; rights of minors ..............................................................................HB 994 Hospital authorities; strategic options study; require for state funds .................HB 820 Hospitals; acquisition and disposition; redefine; hospital authority projects ..................................................................................... SB 128 Hospitals; acquisitions; amend provisions................................................................. SB 54 Hospitals; acquisitions and dispositions; amend provisions ..................................HB 314 Hospitals; sale or lease; public hearing.....................................................................HB 99 House Ovarian Cancer Study Committee; create...................................................HR :'17 House Study Committee on Certified Professional Midwifery; create ...................HR 32 Indigent Care Trust Fund; require use in accordance with law ..........................HB 375 Insurance; coverage for contraceptives ....................................................................HB 374 Joint Study Committee on Health Care Treatment for Drug Abuse; create ................................................................................................ HR 155 Medicare supplement insurance; define certain terms ............................................HB 94 Newborn infants; hearing screening; special licensing of retired physicians; audiologists' licensing....................................................... HB 717 Physical therapy and physiotherapy; amend provisions......................................HB 1045 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Public swimming pools; regulation............................................................................. SB 30
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2811

HEALTH (Continued) Radioactive material; transportation; Public Service Commission regulate.............................................................................................. HB 998 Rural Hospital Authorities Assistance Act; enact.................................................. SB 195 Sexual offenses; extensive revision of provisions..................................................HB 1074 Suicide; recognize as state problem .........................................................................HR 445 Temporary Health Care Placement Decision Maker for an Adult Act; enact; durable power of attorney................................................. HB 256 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 463 Vital records; include social security number; child support withholding............................................................................................... HB 379
"HEALTH CARE FOR RURAL AND UNDERSERVED GEORGIANS DAY"; recognize................................................................................HR 320
HEALTH INSURANCE Breast Cancer Patient Care Act; enact....................................................................HB 604 Breast Cancer Patient Care Act; enact.................................................................... SB 141 Certain discounts; timely refunds; penalties...........................................................HB 683 Certain medical information; confidentiality...........................................................HB 819 Certain medical information; confidentiality; certain claims; payment time limits ................................................................................. HB 159 Certain premium increases; require 60 days' notice..............................................HB 487 Certain prescription drug coverage; prohibit denial................................................. SB 94 Certain school employees and state employees; amend provisions...................... HB 301 Certain surgeries; length of stays; discharges; urge governor direct monitoring.................................................................................... HR 522 Community Health, Department of and Board of; Office of Women's Health....................................................................................................... SB 241 Consumers' Insurance Advocate; create................................................................... SB 200 Countersignatures; when required ...........................................................................HB 545 Counties and other entities; health and other employee benefits; ACCG Group Health Benefits Program, Inc........................................SB 197 Coverage; certain dental anesthesia and hospital charges...................................... SB 66 Coverage for contraceptives ......................................................................................HB 374 Health care providers; include athletic trainers .......................................................HB 93 Hospital liens; prohibit filing before insurance settlement ...................................HB 288 Investments of certain funds ......................................................................................HB 43 Managed care plans; health maintenance organizations; out-of-network providers......................................................................................... SB 210 Medicare supplement; define certain terms ..............................................................HB 94 Morbid Obesity Anti-discrimination Act; enact......................................................... SB 24 Patient's Right to Independent Review Act; enact.................................................HB 732 Physicians; certain time period; minimum prescription quantity.........................HB 271 Policy cards; require certain information ................................................................HB 670 Quality Health Care Coalition Act; urge Congress enact......................................HR 120 State employees; changes conform to Administrative Procedure Act...................HB 668 State employees' health insurance plan; include certain public retirees............................................................................................ HB 566 State employees' health insurance plan; include local boards of education, county officials, and county employees...................... SB 28
HEALTH MAINTENANCE ORGANIZATIONS Breast Cancer Patient Care Act; enact....................................................................HB 604 Breast Cancer Patient Care Act; enact.................................................................... SB 141 Certain contracts; prohibit hold harmless clause.....................................................HB 83
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2812

INDEX

HEALTH MAINTENANCE ORGANIZATIONS (Continued) Certain discounts; timely refunds; penalties...........................................................HB 683 Certain medical information; confidentiality...........................................................!!!? 819 Certain medical information; confidentiality; certain claims; payment time limits ................................................................................. HB 159 Certain prescription drug coverage; prohibit denial................................................. SB 94 Certain school employees and state employees; amend provisions ......................HB 301 Certain surgeries; length of stays; discharges; urge governor direct monitoring.................................................................................... HR 522 Consumers' Insurance Advocate; create................................................................... SB 200 Countersignatures; when required ...........................................................................HB 545 Coverage; certain dental anesthesia and hospital charges...................................... SB 66 Coverage for contraceptives ......................................................................................HB 374 Health care providers; include athletic trainers.......................................................HB 93 Health insurance; policy cards; require certain information.................................HB 670 Hospital liens; prohibit filing before insurance settlement ...................................HB 288 Managed care plans; out-of-network providers....................................................... SB 210 Medicare supplement; define certain terms ..............................................................HB 94 Morbid Obesity Anti-discrimination Act; enact......................................................... SB 24 Patient's Right to Independent Review Act; enact .................................................HB 732 Physicians; certain time period; minimum prescription quantity.........................HB 271 Quality Health Care Coalition Act; urge Congress enact......................................HR 120 State employees; changes conform to Administrative Procedure Act...................HB 668 State employees' health insurance plan; include certain public retirees............................................................................................ HB 566 State employees' health insurance plan; include local boards of education, county officials, and county employees...................... SB 28
HEARING AND HEARING AIDS (See Handicapped Persons)
HEATH, LAURA C.; commend...................................................................................HR 644
HEISKELL, MRS. JAMES M.; invite to House........................................................HR 26
HENDRK, KEVIN; commend....................................................................................HR 178
HENDRK, RUTH; commend.....................................................................................HR 606
HENRY COUNTY Board of education; compensation............................................................................ SB 162 Board of education; election...................................................................................... SB 160 Flint Judicial Circuit; judges and district attorneys; salary supplement................................................................................. SB 220 State court; jurors...................................................................................................... SB 223 Water and sewerage authority; compensation and powers..................................HB 1004
"HERBERT EUGENE BELCHER MEMORIAL BRIDGE"; designate...............SR 150
HERMAN H. WATSON MEMORIAL BRIDGE Designate....................................................................................................................... SR 41 Designate..................................................................................................................... SR 150
HERRINGTON, ELBERT STEELY; condolences...................................................HR 727
HERSHOVITZ, SCOTT ADAM; commend .............................................................. HR 314
HIGGINBOTHAM, HONORABLE A. LEON, JR.; condolences.......................... HR 145
HIGHTOWER FAMILY AND ASSOCIATES OF THOMASTON MILLS, INC.; commend ................................................................HR 449
HIGHWAYS, BRIDGES, AND FERRIES Adolph C. Johnson Road; recognize honorary designation ....................................HR 555 Andrew Jackson Ash Memorial Bridge; designate .................................................HR 166
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2813

HIGHWAYS, BRIDGES, AND FERRIES (Continued) Andrew Jackson Ash Memorial Bridge; designate................................................. SR 157 Archie C. Smith Bridge; recognize honorary designation ......................................HR 701 Automobile carriers; redefine designated highways ...............................................HB 716 C. F. "Coote" Mason Highway; designate...................................................................HR 57 "Captain Robbie Bishop Memorial Highway"; designate .......................................HR 261 Certain roads leading to cemeteries; prohibit abandonment ................................HB 803 "Charles Durst Memorial Highway"; designate...................................................... SR 183 "Dewey Pendley Bridge"; designate.......................................................................... SR 235 Dr. Pierce Gordon Blanchard Memorial Highway; designate..................................HR 95 Eugene Belcher Memorial Bridge; designate ..........................................................HR 415 Excise tax; certain motor fuels; levy and rate..........................................................HB 63 Fisher Barfoot Highway, Charles Durst Memorial Highway, Foster Family Bridge, Al Holloway Interchange, and official state transportation history museum; designate ................................... HR 437 Foster Family Bridge; designate................................................................................. SR 42 "Frank Earl Stancil Sr. Interchange"; designate ....................................................HR 334 "Fred Lee Brady Bridge"; "Herbert Eugene Belcher Memorial Bridge"; J. Irvin Hendricks Highway; Johnnie L. Caldwell, Sr., Highway; William and Andre Cooper Memorial Highway; Hamilton McWhorter, Jr., Highway; Herman H. Watson Memorial Bridge; designate......................... SR 150 Herman H. Watson Memorial Bridge; designate...................................................... SR 41 High occupancy vehicle lanes; single-occupant vehicle; fee for use........................HB 45 Highways; emergency call boxes; place along I-75.................................................HB 309 Intersections; inoperative traffic lights; treat as four-way stop............................HB 907 "James D. Mason Memorial Intersection"; designate............................................... SR 17 Jauquion R. "Rob" Tanner Bridge; recognize honorary designation .....................HR 705 Jean Anderson Intersection; designate ....................................................................HR 267 J. Irvin Hendricks Highway; designate....................................................................HR 165 "John A. Trask Highway"; designate .......................................................................HR 436 Johnny A. Peacock Road; recognize honorary designation ....................................HR 704 Johnny L. Hayes Bridge; recognize honorary designation.....................................HR 703 Joint Highway Study Committee; create...................................................................HR 82 "Jondelle Johnson Drive"; designate ........................................................................ SR 232 Korean War (1950-1953) Memorial Interchange; designate ..................................HR 429 Larry William Bailey Road; recognize honorary designation................................HR 700 Laser speed detection devices; reliability; admissibility of results....................... SB 231 L. C. "Shot" Strange Highway; designate................................................................HR 416 Length and loads of vehicles; unprocessed forest products; strobe lights and flags............................................................................. SB 47 "Lester and Virginia Maddox Bridge"; designate ................................................... SR 151 Major General Thomas Wayne Robison Memorial Highway; designate...............HR 162 Marshall Shirah Memorial Bridge; "Tara and Megan Bishop Intersection"; designate ............................................................................... SR 77 MARTA; operating cost exclusions; interest income...............................................HB 573 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 245 Metropolitan Atlanta Rapid Transit Overview Committee; create.......................HR 167 Motor vehicle accidents; duty to remove from roadway; amend provisions ........HB 886 Municipal streets; heavy truck traffic; prohibition.................................................HB 946 Norman Alfred Taylor Road; recognize honorary designation...............................HR 699 Official Garden and Nature Trail of Georgia; designate .......................................HB 179 Port vehicles; registration and licensing; dimensions and weight; exemptions..................................................................... HB 678
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2814

INDEX

HIGHWAYS, BRIDGES, AND FERRD3S (Continued) Public Safety, Department of; Commercial Vehicle Safety and Inspection Division............................................................................. HB 971 Public works construction contracts; amend provisions.......................................HB 1079 P. V. Stripling Memorial Highway; designate ......................................................... SR 137 Radar; permits; vehicle visibility..............................................................................HB 164 Railroad crossings; certain closings; local government agreement.......................HB 290 Railroad crossings; duty to maintain; damages for violation..................................HB 10 Railroad crossings; repair, maintenance, and construction; restrictions....................................................................................... HB 574 "Raymond Lester Bridge"; designate........................................................................ SR 236 Regional Transportation Authority; create................................................................ SB 57 "Robert L. Williford Memorial Highway"; designate................................................ SR 31 Romie Waters Highway; redesignate........................................................................ SR 109 R. P. Balkcom, Jr., Memorial Highway; designate.................................................. SR 108 "Rubert Hogan Bridge"; designate; "Raymond Lester Bridge"; designate............HR 209 Sales tax; exemption of certain motor fuels; amend provisions..............................HB 57 Speed detection devices; permit; employment of part-time peace officer.............HB 289 Speed limits on certain highways; increase; trucks; maximum limit...................HB 363 Stanford Meeks Road; recognize honorary designation .........................................HR 702 State Transportation Board; General Assembly set term of office - CA................HR 30 Tally Farrell Walker Road; recognize honorary designation..................................HR 697 Tara and Megan Bishop Intersection; designate ....................................................HR 431 Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 207 Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 265 Titus Lavon Altaian Road; recognize honorary designation..................................HR 571 Toombs Taylor Morgan Memorial Bridge; designate..............................................HR 621 Transportation, Department of; certain capital projects; authorize participation...........................................................................HB 585 Transportation, Department of; enforcement officers; drug detection dogs; certain enforcement powers............................................... HB 520 Transportation grants; speed humps; prohibit consideration................................HB 324 Transportation, State Board of; membership terms...............................................HB 119 Trucks; prohibited use of left lanes; exception .......................................................HB 685 Uniform rules of the road; inoperative traffic lights; accidents on multilane highways; removal of vehicle............................. SB 236 Vehicles and loads; length; width; weight ...............................................................HB 880 Vehicles and loads; width and length; permits for excess..................................... SB 256 Veterans Memorial Way; designate ..........................................................................HR 208 "William Lovel Lanier, Sr., Highway"; "Dewey Pendley Bridge"; "Jondelle Johnson Drive"; designate..................................................... HR 214 William Loyd (Bill) Holton Road; recognize honorary designation.......................HR 698 William P. Ponder Memorial Bridge; designate ......................................................HR 379 "William S. Robinson Bridge"; designate................................................................... SR 22
HILL, COACH NORMAN "RED"; commend .......................................................... HR 457
HINESVILLE, CITY OF Joint Liberty County and City of Hinesville Vocational-Technical School Authority; create .................................................... HB 982
HODGES, TFC B. E. Commend.....................................................................................................................HR 363 .........................................................................................................-""....HR 393
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2815

HOLIDAYS Quality basic education; President's Day and Veterans Day; instruction provisions..................................................................... HB 68
HOLLOWAY, J. TED, M. D.; commend.................................................................... HR 564
HOLMES, DARRELL; commend...............................................................................HR 561
HOMESTEAD EXEMPTION Ad valorem tax; spouse of certain military personnel...........................................HB 446 Bankruptcy; spouses filing jointly............................................................................HB 703 Certain senior citizens; applicable taxes .................................................................HB 169 Disabled veterans; clarify exemption amount.........................................................HB 684 Equal to state ad valorem tax..................................................................................HB 168 Homestead real property; assessment and taxation; ad valorem tax - CA.........HR 414 Property Tax Credit Act of 1999; enact...................................................................HB 434
HOPKINS, BECKY; commend................................................................................... HR 602
HORTMAN, J. V. "VERNON"; condolences.............................................................HR 735
HOSPITALS AND HEALTH CARE FACILITIES Acquisitions; amend provisions................................................................................... SB 54 Acquisitions and dispositions; amend provisions....................................................HB 314 Acquisitions and dispositions; redefine; hospital authority projects....................................................................................................SB 128 Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Assisted living facilities; enact provisions ...............................................................HB 758 Breast Cancer Patient Care Act; enact....................................................................HB 604 Breast Cancer Patient Care Act; enact.................................................................... SB 141 Centralized Credentialing for Health Care Practitioners Act; enact .................HB 1038 Certain surgeries; length of stays; discharges; urge governor direct monitoring........................................................................... HR 522 Certificate of need; exempt certain home health agency services........................HB 316 Complementary and Alternative Health Care Freedom of Access Act; enact............................................................................................... HB 749 Crimes Against Elderly Act; enact; disabled adults and elder persons protection.................................................................................. SB 163 Dialysis centers; certain personnel; establish standards.......................................HB 205 Dialysis facilities and technicians; licensing; inspections...................................... HB 646 Eliminate liens ...........................................................................................................HB 284 Essential Rural Nonemergency Transportation Provider Access Act; enact.................................................................................................... HB 315 Eyebanks; establishment; maintenance..................................................................... SB 64 Georgia Volunteer in Medicine Act; enact...............................................................HB 146 Health Access Improvement Act; enact ...................................................................HB 784 Health care professionals; scope of practice............................................................HB 586 Health records; rights of minors ..............................................................................HB 994 Hospital authorities; strategic options study; require for state funds........................................................................................................ HB 820 House Study Committee on Early Childhood Immunization; create......................HR 83 Indigent Care Trust Fund; require use in accordance with law..........................HB 375 Inmates; medical treatment; reimbursements; limitation ...................................HB 1047 Joint Study Committee on Partnership Between the Hospital and Clinics of the Medical College of Georgia and the University Hospital of Richmond County; create.....................SR 88 Licensed practical nurses; display designation on identification..........................HB 206 Liens; prohibit filing before insurance settlement..................................................HB 288
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HOSPITALS AND HEALTH CARE FACILITIES (Continued) Managed care plans; health maintenance organizations; out-of-network providers......................................................................................... SB 210 Medical assistance; certain hospital emergency claims; payment ........................HB 705 Medical assistance; inpatient hospital claims; payment........................................HB 631 Newborn infants; hearing screening; special licensing of retired physicians; audiologists' licensing........................................................... HB 717 Quality Health Care Coalition Act; urge Congress enact......................................HR 120 Registered nurse first assistants; establish provisions..........................................HB 744 Rural Hospital Authorities Assistance Act; enact.................................................. SB 195 Sale or lease; public hearing.......................................................................................HB 99 Special county 1% sales tax; hospital or indigent patient care services.............................................................................................. HB 626 Temporary Health Care Placement Decision Maker for an Adult Act; enact; agency; appointment of guardian of property; clarify effect.................................................................. HB 256
HOTELS AND MOTELS; excise tax; amend provisions........................................ HB 499
HOUSE OF REPRESENTATIVES Achievers International - Georgia, Inc.; invite representatives to House.......................................................................................HR 150 Actions of Attorney General regarding SB 357 (1997); request information................................................................................................ HR 371 "African American Business Enterprise Day"; invite Georgia Summit of African-American Business Organizations to House.......... HR 99 Albany-Dougherty County Day at the State Capitol; declare February 25, 1999; invite officials to House.......................................... HR 263 Alpha Kappa Alpha Sorority, Inc.; invite certain persons to House.................... HR 173 Alpha Kappa Alpha Sorority, Inc.; invite Marjorie H. Young and Yvonne McBride to House............................................................ HR 198 Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc.; invite to House .............................................................................................. HR 124 Atlanta Chapter of the National Association of Watch and Clock Collectors; invite certain individuals to House..................... HR 293 Barr, Bill; invite to House.........................................................................................HR 296 Bishop, Captain Robbie; condolences; invite Mrs. Lisa Bishop and children to House............................................................. HR 210 Bishop, Congressman Sanford D., Jr.; invite to House ..........................................HR 360 Bohannon, Honorable Pam; committee assignment............................................ Page 145 Braselton, Town of; invite mayor and town council to House ................................HR 64 Brinson, April Heather; invite to House .................................................................HR 331 Brown, David W.; urge Department of Natural Resources commemorate life.................................................................................HR 328 Brunswick High School Pirates football team; invite to House............................HR 271 Camp, Mrs. Robbie; invite to House ........................................................................HR 297 Carrollton Trojan Varsity football team; invite to House........................................HR 93 Clements, Michael A.; invite to House ......................................................................HR 48 Clerk; election..............................................................................................................Page 6 Clerk; oath of office..................................................................................................... Page 7 Cordele-Crisp County Fish Fry; invite cooking team to House ............................HR 337 Coweta County Day at the Capitol; designate January 28, 1999; invite certain persons to House.............................................. HR 33 Culloden Highland Games and Scottish Festival; invite certain persons to House............................................................................ HR 413 Daily expense allowance ............................................................................................HB 475
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2817

HOUSE OF REPRESENTATIVES (Continued) Daniel, Dr. O. G.; invite to House ............................................................................HR 295 Darlington High School football team; invite to House.........................................HR 253 Darlington Upper School Tigers Cross Country Teams; invite to House ............HR 302 DeVard-Kemp, Dr. Jean; invite to House ................................................................HR 298 Dinkheller, Kyle Wayne; invite family to House ....................................................HR 362 Doorkeeper; election.................................................................................................. Page 22 Doss, Desmond T; invite to House...........................................................................HR 206 Dougherty Comprehensive High School football team; invite to House ................HR 92 Driesell, Coach Charles "Lefty"; invite to House....................................................HR 270 Eaton, Anne Marie; invite to House ..........................................................................HR 52 Ellijay Apple Marketing Association; invite members to House...........................HR 211 Environmental legislation; require fiscal note........................................................HB 535 Environmental Protection Agency; pesticide risk evaluation; urge use of certain procedures ......................................................... HR 257 Final ten days of session; enact only repealers and appropriations - CA ............................................................................................... HR 478 Final 20 days of session; enact only repealers and appropriations - CA ............................................................................................... HR 476 4-H Day at state capital; invite Dr. Roger C. (Bo) Ryles to House......................HR 100 Fraizer, Miss Jaye; invite to House .........................................................................HR 359 Freeman, Kelcy Susannah; invite to House..............................................................HR 56 Gainesville High School; invite championship teams to House............................HR 292 Gatewood Schools Lady Gators Basketball Team; invite to House......................HR 498 George Walton Comprehensive High School; invite certain persons to House......................................................................................... HR 51 Georgia Emergency Management Agency; invite representatives to House........HR 427 Georgia Farm Bureau Federation; invite president to House.................................HR 29 Georgia Forestry Commission; certain reforestation efforts; urge continuation......................................................................................HR 266 Georgia Humanities Council Day at the State Capitol; invite Dr. Jamil S. Zainaldin to House.................................................HR 272 Georgia PTA Day and National PTA Founders Day; declare February 17, 1999; invite president to House....................................... HR 196 Georgia Rail Passenger Overview Committee; membership..................................HB 455 Georgia Sports Hall of Fame Authority; invite to House ......................................HR 118 "Girls and Women in Sports Day"; recognize February 3, 1999; invite certain athletes to House ............................................. HR 91 "Girls and Women in Sports Day"; recognize February 4, 1999; invite certain athletes to House ........................................... HR 205 Glynn Academy High School football team; invite to House................................HR 291 Harden, Debra; invite to House................................................................................HR 254 Heiskell, Mrs. James M.; invite to House.................................................................HR 26 House City of Atlanta and Fulton County Local Government Study Committee; create................................................................. HR 642 House Home Construction and Repair Study Committee; create...........................HR 45 House Lake Lanier Water Quality Study Committee; create ...............................HR 373 House Lake Lanier Water Quality Study Committee; create ............................... SR 184 House Ovarian Cancer Study Committee; create...................................................HR 217 House Property Tax Study Committee; create..........................................................HR 87 House Study Committee on Ambulance Service; create ........................................HR 439 House Study Committee on Certified Professional Midwifery; create ...................HR 32 House Study Committee on Early Childhood Immunization; create......................HR 83 House Study Committee on Gaming; create ...........................................................HR 618 House Study Committee on House Bills 490 and 491; create ..............................HR 336
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HOUSE OF REPRESENTATIVES (Continued) House Study Committee on Obscenity in Music Lyrics; create............................HR 366 House Study Committee on Regional Development Centers; create....................HR 434 House Study Committee on Salaries of DeKalb County Officers; create ............HR 617 House Study Committee on School Absenteeism; create .......................................HR 357 House Study Committee on School Support Personnel; create.............................HR 329 House Study Committee on Sexual Abuse of Children; create.............................HR 294 House Study Committee on Structure of DeKalb County Governing Authority; create.................................................................... HR 616 House Study Committee to Review the Funding Policies for Group Homes Operated by Juvenile Justice; create...................... HR 335 House Tourism Advertising Study Committee; create ...........................................HR 442 Irwin County High School Lady Indians Softball Team; invite to House .............HR 27 Isakson, Johnny; invite to House.............................................................................HR 326 Jenkins, Barbara Spear; invite to House ..................................................................HR 62 Johnson, Coach Paul; invite to House .....................................................................HR 262 Jonesboro High School; invite principal and vice principals to House ................HR 258 Lassiter High School Marching Trojan Band; invite to House.............................HR 259 Lee County American All-Stars Dixie Youth Baseball team; invite to House ............................................................................ HR 212 Legislative Retirement; certain members; membership.........................................HB 859 Lindsey, James Hugh; invite to House....................................................................HR 327 Lucas, Honorable David; committee assignment................................................. Page 145 Macon Day in Atlanta; invite certain officials to House .......................................HR 358 Majority Leader; election certification.................................................................... Page 45 Manuel, Trayvis; invite to House.............................................................................HR 101 Members' compensation.............................................................................................HB 100 Members-elect; oath of office...................................................................................... Page 5 Messenger; election...................................................................................................Page 23 Mitchell-Baker High School Eagles basketball team; invite to House.................HR 494 Morehouse College; invite President Walter E. Massey to House........................HR 252 Morgan County High School Wrestling Team; invite to House............................HR 376 Morrow, James Deveneau; invite to House...............................................................HR 49 Multi-member districts; General Assembly; membership and apportionment........................................................................... HB 464 Newman, Herbert E.; invite to House .....................................................................HR 619 Nonpartisan election ..................................................................................................HB 491 North Forsyth High School girls softball team; invite to House ..........................HR 170 Notify Senate; House convened ....................................................................................HR 2 "Officers of the Year for Meritorious Service"; invite to House............................HR 363 Officials, employees, committees; relative to...............................................................HR 5 Pages; urge compensation increase..........................................................................HR 725 Reeves, Daniel E. "Dan"; invite to House .................................................................HR 53 Republican Caucus; election..................................................................................... Page 45 Robinson, Dwayne; invite to House..........................................................................HR 433 Rogers, Honorable Carl; committee assignment.................................................... Page 44 Rules; add Rule 11A....................................................................................................HR 54 Rules; add Rule 8A....................................................................................................HR 300 Rules; adopt....................................................................................................................HR 4 Savannah St. Patrick's Day Parade Committee; invite chairman, grand marshal, and representatives to House......................HR 251 Shapiro, Beth; invite to House...................................................................................HR 25 Shaw, Honorable Jay; committee assignment........................................................ Page 44 Southwest Georgia Academy Warriors football team; invite to House ..................HR 50 Spanish American War Tax; urge Congress repeal................................................HR 368
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2819

HOUSE OF REPRESENTATIVES (Continued) Speaker; election ......................................................................................................... Page 6 Speaker Pro Tempore; election .................................................................................. Page 9 Stancil, Honorable Frank Earl, Sr.; invite to House..............................................HR 255 Standing Committees; assignments .................................................Pages 23, 44, 45, 145 Tattnall Square Academy boys football team; invite to House...............................HR 89 Tattnall Square Academy drama department; invite certain persons to House......................................................................................... HR 88 Thrash, Elmore Callaway; condolences; invite family to House .............................HR 90 Universal Declaration of Human Rights; reaffirm support.....................................HR 55 University of Georgia women's gymnastics team; invite to House.........................HR 24 Valdosta High School football team; invite coaches to House.................................HR 34 Walston, Suzette; invite to House ............................................................................HR 197 Wayne County High School Lady Jackets Softball team; invite to House ............HR 63 West, Honorable Jack; committee assignment.......................................................Page 45 Wilkinson County High School Warriors Basketball Team; invite to House........................................................................HR 496 Zainaldin, Dr. Jamil S.; invite to House..................................................................HR 272
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of education; compensation............................................................................HB 990 Grant easements ........................................................................................................HR 119 State court; attorney presiding in lieu of judge......................................................HB 253
HOUSTON, JUDGE FRANCIS; commend.............................................................. HR 669
HOUSTON JUDICIAL CIRCUIT; terms of court..................................................HB 701
HOWELL, TOM; commend......................................................................................... HR 548
HUDSON, DAVID; commend...................................................................................... HR 535
HUGHSTON, DR. JACK C.; commend.................................................................... HR 528
HUMAN RESOURCES, DEPARTMENT OF Certain surgeries; length of stays; discharges; urge governor direct monitoring........................................................................... HR 522 Certain temporary care of child; court authorization not required......................HB 852 Child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses; fees.....................SB 165 Dialysis centers; certain personnel; establish standards.......................................HB 205 Division of Rehabilitation Services; transfer from Department of Human Resources to Department of Labor............................. HB 172 Foster and adoptive homes; certain adult conviction data.................................... SB 102 Lottery prizes; recovery of certain public assistance .............................................HB 485 Mental health; children and adolescents; resources to provide service ...............HB 492 Radioactive material; transportation; Public Service Commission regulate................................................................................ HB 998 Sexual offender registry; registrations; hearings; board........................................ SB 105 Sign language and intermediary interpreters; services.........................................HB 666 Year 2000 Readiness Act; enact................................................................................ SB 230
HUNTING (Also, see Game and Fish) License application; include social security number; child support withholding...................................................................... HB 379 Restrict within 300 yards of residence ....................................................................HB 186
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HUONI, ZORA; commend...........................................................................................HR 351

I

INCOME TAX Amend provisions .........................................................................................................HB 66 Certain credits; transfer duties to revenue commissioner.....................................HB 524 Certain debts; authorize setoff against refund .......................................................HB 582 Certain disaster assistance .........................................................................................HB 92 Certain gross income omission; delete assessment ................................................HB 320 Certain liability on joint returns; provide relief.....................................................HB 422 Corporations; amend provisions..................................................................................HB 81 Credit; active members of Georgia National Guard...............................................HB 607 Credit; certain corporations; assignment to affiliated corporation .......................HB 438 Credit; certain disaster assistance .............................................................................HB 96 Credit; certain driver education programs ................................................................HB 95 Credit; certain low-income housing; certain capital gain ......................................HB 272 Credit; certain qualified child care expenses..........................................................HB 583 Credit; certain tobacco settlement proceeds ............................................................HB 204 Credit; employer provided or sponsored child care; depreciation .........................HB 610 Credit; federal qualified transportation fringe benefits .........................................HB 147 Credit; qualified educational expenses.....................................................................HB 275 Credits; certain low-emission vehicles; certain electric chargers..........................HB 801 Dependent deductions; amend provisions..................................................................HB 35 Exempt certain Holocaust benefits...........................................................................HB 385 Exempt certain rewards ............................................................................................HB 293 Exempt retirement income ........................................................................................HB 325 Georgia Welfare to Work Tax Credit; enact ............................................................HB 598 Gradual reduction and abolishment.............................................................................HB 2 Gradual reduction and abolishment.........................................................................HB 191 Gradual reduction and abolishment.........................................................................HB 291 Gradual reduction and abolishment.......................................................................HB 1068 Gradual reduction and abolishment; sales tax; gradual increase...........................HB 14 Increase retirement income exclusion......................................................................HB 447 Joint returns; retirement income exclusion.............................................................HB 601 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Liability on joint returns; innocent spouse relief ...................................................HB 556 Nazi persecution victims; exclude reparation income ..........................................HB 1058 Revenue Code; conform to federal code; joint returns; innocent spouse relief............................................................................... HB 56 State Sovereignty and Federal Tax Funds Act; enact..............................................HB 52 Taxable net income brackets; annual adjustments ..................................................HB 15 Taxable net income; capital gains exclusion ...............................................................HB 3 Tourism; high-tech products; certain tax credits ....................................................HB 757
INDIGENT (See Social Services)
INDUSTRY, TRADE, AND TOURISM, DEPARTMENT OF Board; membership; powers ......................................................................................HB 696 House Study Committee on Regional Development Centers; create....................HR 434 Offices and citizens outside United States; issue driver's license renewals................................................................................ HB 47
INFECTIOUS DISEASES HIV; certain contact by police or emergency personnel; expedite testing.................................................................................. HB 1061
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INDEX

2821

INITIATIVE PETITION PROCESS - CA...............................................................HR 201
INSURANCE Abandoned motor vehicles; certain pending claims; prohibit scrapping or disposal..............................................................................HB 881 Agents, counselors, adjusters; license application; social security number; child support withholding ............................................ HB 379 Agents; limited licenses; motor vehicle rental companies ..................................... SB 181 Breast Cancer Patient Care Act; enact....................................................................HB 604 Breast Cancer Patient Care Act; enact.................................................................... SB 141 Certain discounts; timely refunds; penalties...........................................................HB 683 Certain medical information; confidentiality...........................................................HB 819 Certain medical information; confidentiality; certain claims; payment time limits ................................................................................. HB 159 Certain policy cancellation; notice not required .....................................................HB 818 Certain premium increases; require 60 days' notice..............................................HB 487 Commissioner; incapacity and cessation; council membership..............................HB 258 Consumers' Insurance Advocate; create................................................................... SB 200 Contraceptives; require coverage..............................................................................HB 374 Countersignatures; when required ...........................................................................HB 545 Dangerous dogs; owners' liability insurance; amount............................................HB 935 Divorce; insurance policies; parties file copies with court.....................................HB 638 Farmers' mutual fire insurance; certain policies; risk amount............................... SB 37 Federal Crop Insurance Program; urge Congress revise .......................................HR 435 Fees and taxes; amend provisions..........................................................................HB 1085 Georgia Homeowner Protection Act; enact............................................................HB 1030 Health care providers; include athletic trainers.......................................................HB 93 Health insurance; certain prescription drug coverage; prohibit denial.................. SB 94 Health insurance coverage; certain dental anesthesia and hospital charges.................................................................................................SB 66 Health insurance; policy cards; require certain information.................................HB 670 Health maintenance organizations; certain contracts; prohibit hold harmless clause...............................................................HB 83 Insurance fraud; victims 60 and older; increased penalties..................................HB 513 Insurance premium taxes; residents of military facilities; require certain agreement.................................................................... HB 890 Life insurance; certain annuities; amend provisions..............................................HB 788 Managed care plans; health maintenance organizations; out-of-network providers......................................................................................... SB 210 Medicare supplement; define certain terms..............................................................HB 94 Morbid Obesity Anti-discrimination Act; enact......................................................... SB 24 Motor vehicle claims; parts prohibition ...................................................................HB 214 Motor vehicle insurance; increase minimum liability coverage ............................HB 276 Motor vehicles; certain property damage claims; arbitration................................HB 157 Notice of cancellation; exceptions; motor vehicle insurers; designation of repair facilities; prohibition............................................ SB 77 Patient's Right to Independent Review Act; enact .................................................HB 732 Physicians; certain time period; minimum prescription quantity.........................HB 271 Premiums; state tax computation; abatement or reduction ................................HB 1057 Public Safety, Department of; certain employees; use of department vehicles; taxicab self-insurers; certain exception .......................SB 108 Revenue; amend provisions; Office of Fine Collections; create............................ ..HB 97 Risk-based capital levels; exemptions; jurisdiction................................................ HB 636 Seat belts; failure to use; not considered as evidence of causation or to calculate damages...................................................HB 727 State of entry to U. S. for alien insurers ..................................................................HB 26
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2822

INDEX

INSURANCE (Continued) Subsequent Injury Trust Fund; reimbursement eligibility..................................HB 1039 Surplus line insurance; broker's failure to perform certain actions; penalty....................................................................................... HB 1040 Taxicab self-insurers; certain exception; change certain date...............................HB 809 Telephone solicitation; prohibited calls; exclude certain brokers or agents...................................................................................... HB 432 Title insurance; amend provisions..........................................................................HB 1084 Tobacco crop; length of coverage ..............................................................................HB 121 Transactions by certain financial institutions ........................................................HB 656 Trucks; certain coverage; amend provisions............................................................HB 679 Uniform rules of the road; inoperative traffic lights; accidents on multilane highways; removal of vehicle .............................SB 236 Valuation of reserves; investments of insurers; investment pools..........................HB 43 Workers' compensation; amend provisions ..............................................................HB 135 Workers' compensation; cross appeals; self-insured employer status; guardians; overpayments; benefits ............................................SB 39
INTANGIBLE TAX Certain financial institutions; amend provisions......................................................HB 61 Recording tax; long-term notes; amend provisions...................................................HB 62
INTEREST AND USURY Judgments; interest; include certain attorneys' fees and court costs...................HB 958 Motor vehicle sales; redefine "cash sale price"; certain installment and lease transactions......................................................... HB 210
INTERNATIONAL BUILDING SAFETY WEEK; designate April 4-10 .............HR 720
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1414; commend............................................................................................HR 587
INTERNATIONAL PAPER; commend ....................................................................... HR 73
IRWIN COUNTY HIGH SCHOOL LADY INDIANS SOFTBALL TEAM; invite to House ........................................................................HR 27
ISAKSON, JOHNNY; invite to House ...................................................................... HR 326

J
J. IRVIN HENDRICKS HIGHWAY Designate.....................................................................................................................HR 165 Designate..................................................................................................................... SR 150
JACK VAUGHAN, JR., STUDENT SCHOLARSHD?; commend.........................HR 146
JACKSON COUNTY Board of commissioners; amend provisions.............................................................HB 190 Water and sewerage authority; powers....................................................................HB 829
JACKSON HIGH SCHOOL RED REGIMENT MARCHING BAND; commend ...............................................................................HR 574
JACKSON, IRENE DOBBS; condolences................................................................. HR 664
JACKSON, MARGARET CROFT; commend............................................................ HR 36
JAILS Convicted persons; remain in county while preparing appeal ..............................HB 850 Detention facilities; out-of-state prisoners; require certain approval ...................HB 456 Escape; define offense; include certain private facilities .......................................HB 132 Guard lines; certain prohibited activity...................................................................HB 128
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INDEX

2823

JAILS (Continued) Inmates; incarceration costs; reimbursement to counties......................................HB 540 Probation; revocation; amend provisions .................................................................HB 471 Probation; revocation; certain service of sentence..................................................HB 461 Traffic and municipal courts; certain municipalities; jail booking fees......................................................................................................HB 352
JAMERSON, DR. JOHN WILLIAM, JR.; condolences...........................................HR 70
"JAMES D. MASON MEMORIAL INTERSECTION"; designate..........................SR 17
JAMES EDWARD OGLETHORPE Recognize certain anniversary; invite English visitors to House..........................HR 308
JARRETT, KENNETH; commend.............................................................................HR 628 JASPER COUNTY; water and sewer authority; create..........................................HB 972 JAUDON, RHONDA; commend................................................................................. HR 631
JAUQUION R. "ROB" TANNER BRIDGE Recognize honorary designation ...............................................................................HR 705
JEAN ANDERSON INTERSECTION; designate...................................................HR 267
JEFF DAVIS COUNTY; board of commissioners; compensation......................... HB 1034 JEFFERSON, CITY OF; public building authority; create....................................HB 833
JEFFERSON COUNTY Board of commissioners; expense allowances..........................................................HB 735 Board of education; compensation............................................................................ SB 217
JENKINS, BARBARA SPEAR Commend.......................................................................................................................HR 78 Invite to House .............................................................................................................HR 62
JENKINS, MR. AND MRS. CARL; commend......................................................... HR 282
"JOHN A. TRASK HIGHWAY"; designate .............................................................. HR 436
JOHNNIE L. CALDWELL, SR., HIGHWAY; designate.........................................SR 150 JOHNNY A. PEACOCK ROAD; recognize honorary designation.........................HR 704 JOHNNY L. HAYES BRIDGE; recognize honorary designation ...........................HR 703 JOHNSON, ALEXANDER PATRICK; congratulate .............................................. HR 565 JOHNSON, COACH PAUL; invite to House........................................................... HR 262 JOHNSON COUNTY; board of elections and registration; create......................... HB 845
JOHNSON, GILBERT; commend.............................................................................. HR 453
JOHNSON, MARY ELLA; commend..........................................................................HR 18
JOLLEY, FLOYD; commend...................................................................................... HR 135
"JONDELLE JOHNSON DRHTE" Designate.....................................................................................................................HR 214 Designate..................................................................................................................... SR 232
JONES, DIANE; commend........................................................................................... HR 44
JONES, JENNIFER A.; compensate........................................................................... HR 60
JONES, SHELBY CRAIG "CORKY"; commend ...................................................... HR 41
JONESBORO HIGH SCHOOL Invite principal and vice principals to House .........................................................HR 258
JORDAN, JAMES C., JR.; condolences.................................................................... HR 312
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2824

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JORDAN, PEGGY AND LEWIS H.; commend....................................................... HR 452
JUDGES Appeals, Court of; amend provisions ......................................................................... SB 59 Arrest warrants; issuance; amend provisions .........................................................HB 259 Certain campaign activities; prohibit disciplinary action - CA.............................HR 203 Convicted persons; remain in county while preparing appeal ..............................HB 850 Judges of the Probate Courts Retirement; chief magistrate; membership..........HB 519 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 451 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 452 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 454 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 615 Judges of the Probate Courts Retirement; membership dues.............................HB 1089 Judges of the Probate Courts Retirement; senior judge; right of benefit............................................................................................ HB 453 Judicial Retirement; board provide survivors benefit ............................................HB 765 Judicial Retirement; certain employees; membership ............................................HB 919 Judicial Retirement; certain transfer of membership to Employees' Retirement System...................................................................... HB 1046 Judicial Retirement; change of employment; continuation of membership .........HB 764 Judicial Retirement; juvenile court judges; county supplement ...........................HB 593 Judicial Retirement; membership election; certain persons................................HB 1088 Judicial Retirement; spouses' benefits; employee contribution ...........................HB 1072 Judicial Retirement; Employees' Retirement System; transfer of certain contributions............................................................ HB 543 Judicial Retirement; State Court of Fulton County; judges and solicitors-general................................................................................. HB 689 Juvenile courts; certain employees; policy and procedures manual .....................HB 786 Juvenile courts; creation; amend provisions............................................................HB 182 Juvenile proceedings; information presented to judge; format and contents ................................................................................... HB 785 Legal proceedings; request elected judge of superior or state court.................... HB 640 Probate court judges; serving as magistrate or chief magistrate; minimum salaries; increases............................................................ HB 548 State court judges; increase law practice requirement - CA.................................HR 268 State courts; qualifications; increase experience requirement ..............................HB 552
JUDICIAL CIRCUITS Bell-Forsyth; unify courts..........................................................................................HB 486 Clayton; district attorney; supplement ..................................................................HB 1007 Clayton; judges; supplement ...................................................................................HB 1016 Cobb; judges and chief judge; supplement ..............................................................HB 427 Dougherty; judges; increase supplement .................................................................HB 923 Employees' Retirement; certain judicial circuit employees; membership.............HB 766 Flint; judges and district attorneys; salary supplement........................................ SB 220 Houston; terms of court.............................................................................................HB 701 Northeastern; add judge............................................................................................HB 397 Oconee; terms of court...............................................................................................HB 155 Rockdale; superior court judges; salary supplement.............................................. SB 287 Senior court reporter; provide for office ................................................................HB 1025 Southwestern; add judge ...........................................................................................HB 292 Superior courts; law clerks; law assistants; court administrators........................HB 371 Tallapoosa; judges and district attorney; salary supplements .............................. SB 238 Towaliga; create; Flint Judicial Circuit; continue................................................... SB 117 Towaliga; judges and district attorneys; salary supplement................................. SB 208
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INDEX

2825

JUNCTION CITY, TOWN OF; new charter............................................................ HB 673
JURIES Certain personnel; amend provisions.......................................................................HB 643 Exempt primary caregiver of child under six.........................................................HB 212 Exemptions; certain students; certain caregivers.....................................................HB 39 Expense allowance...................................................................................................... SB 103 Indictment; local government authority members; suspension .............................HB 401 Jury lists; revision; prohibit use of registered voters list......................................HB 565 Jury lists; sources; drivers' licenses; certain removal............................................ SB 196
JURISDICTION AND VENUE Alcoholic beverages; certain illegal activity; jurisdiction limitation .....................HB 124 Bail recovery agents; regulation.................................................................................HB 80 Civil practice; certain cases; venue ..........................................................................HB 370 Corporations; amend venue provisions ....................................................................HB 369 Heidi's Law; enact......................................................................................................HB 826 Magistrate courts; monetary jurisdiction of civil claims.......................................... SB 82 Methamphetamine; trafficking; bailable only before superior court.....................HB 408 Shoplifting; misdemeanor offense; municipal court jurisdiction ...........................HB 242 Venue; amend provisions...........................................................................................HB 664
JUVENILE PROCEEDINGS Amend provisions; mental competency of child ......................................................HB 417 Bully Law; enact ........................................................................................................HB 227 Certain parent-child communication; privileged.....................................................HB 354 Children adjudicated delinquent; information provided to school principals ................................................................................ HB 302 County building authorities; certain cities; redefine "project"; amend provisions....................................................................HB 737 Guardian and ward; temporary guardianship of minor; dissolution....................HB 414 House Study Committee to Review the Funding Policies for Group Homes Operated by Juvenile Justice; create...................... HR 335 Human Resources, Department of; certain temporary care of child; court authorization not required................................................... HB 852 Information presented to judge; format and contents............................................HB 785 Judicial Retirement; juvenile court judges; county supplement ...........................HB 593 Juvenile court jurisdiction; expand to all persons under age 18..........................HB 268 Juvenile courts; certain employees; include in classified service of merit system ....................................................................... HB 892 Juvenile courts; certain employees; policy and procedures manual .....................HB 786 Juvenile courts; creation; amend provisions............................................................HB 182 Juvenile Justice, Department of; certain employees; consider as peace officers...................................................................................... HB 580 Parental rights; certain termination; adoption proceedings ..................................HB 218 Parental rights; termination; change grounds ........................................................HB 228 Peace officer; redefine ................................................................................................HB 738 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 State Ombudsman Program for the Protection of Children Act; enact .............HB 1081 Violation of local curfew; declare unruly child .....................................................HB 1060

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2826

INDEX

K
KEEP GEORGIA BEAUTIFUL; commend.............................................................. HR 321
KELING, VIVIAN WILSON Commend.....................................................................................................................HR 718 Condolences.................................................................................................................HR 624
KEMP, DR. JEAN DEVARD; commend ....................................................................HR 76
KENNESAW, CITY OF; corporate limits.................................................................. HB 867
KENNESAW STATE UNIVERSITY Mock Trial Team; commend......................................................................................HR 486 Student Government Association executives; commend.........................................HR 685
KEY, HONORABLE W. ALBERT; condolences ......................................................HR 129
KEY, NINA; commend................................................................................................. HR 532
KIMSEY, WILLARD; commend...................................................................................HR 21
KING, THOMAS; compensate ....................................................................................HR 364
"KNOW YOUR CUSTOMER" PROPOSED REGULATIONS Urge withdrawal from consideration........................................................................HR 428
KOREAN WAR (1950-1953) MEMORIAL INTERCHANGE; designate.....................................................................................HR 429
"KROGER DAY AT THE CAPITOL"; designate February 1, 1999..................... HR 147
L
L. C. "SHOT" STRANGE HIGHWAY; designate....................................................HR 416
LABARON, SETH DANIEL; commend.................................................................... HR 505
LABOR AND INDUSTRIAL RELATIONS Ad valorem tax; nonprofit corporations; exempt certain leased property............HB 620 Division of Rehabilitation Services; transfer from Department of Human Resources to Department of Labor..................... HB 172 Health; breast-feeding in public; provisions; employer accommodations............... SB 29 Industrial loans; regulation; Department of Banking and Finance .....................HB 188 Labor organizations; certain political contributions; regulate...............................HB 662 Minimum wage; gradual increase; calculation by Department of Labor.............HB 549 Professional employer organizations; provisions.....................................................HB 561 Sexual harassment; right of action; provisions.......................................................HB 311 Ski Area Safety Act; enact........................................................................................HB 517 State Guard; workers' compensation; wages; special plates..................................HB 536 State Properties Commission; certain purchases; limited exception ....................HB 621 Subsequent Injury Trust Fund; certain reports; late submission; penalty...................................................................................... HB 1041 Subsequent Injury Trust Fund; reimbursement eligibility..................................HB 1039 Supplemental appropriations; FY 1998-99; Department of Labor ........................KB 474 Unemployment benefits; disqualification; additional ground.................................... HB 5 Unemployment; employer contributions; allow certain suspension ......................HB 747 Workers' compensation; amend provisions ..............................................................HB 135 Workers' compensation; cross appeals; self-insured employer status; guardians; overpayments; benefits ............................................SB 39 Workforce Reinvestment Act of 1999; enact............................................................HB 779 Workforce Reinvestment Act of 1999; enact............................................................ SB 222
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2827

LAMAR COUNTY Homestead exemption; certain residents .................................................................HB 849 Towaliga Judicial Circuit; judges and district attorneys; salary supplement................................................................................. SB 208
LAMAR, OUIDA ROBERTS; commend................................................................... HE 572
LAND (See Property)
LANDLORD AND TENANT Cable television; easements; tenants' choice of cable service................................HB 669 Default on certain leases; rent acceleration............................................................HB 637 Hospitals; acquisitions; amend provisions................................................................. SB 54 Payments into court registry; possession of property ............................................HB 512
LANDMON, JERRY; commend ................................................................................. HR 274
LARRY WILLIAM BAILEY ROAD; recognize honorary designation ..................HR 700
LASSITER HIGH SCHOOL MARCHING TROJAN BAND Invite to House...........................................................................................................HR 259
LAURENS COUNTY Convey property .........................................................................................................HR 122 Dublin-Laurens County Recreation Authority; create............................................HB 378 Pleasant Springs area; designate as community ....................................................HR 288
LAVENDER, E. C.; commend..................................................................................... HR 687
LAVONIA, CITY OF; corporate limits...................................................................... HB 963
LAW ENFORCEMENT OFFICERS AND AGENCIES Arrest warrants; issuance; amend provisions .........................................................HB 259 Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Certain county police forces; abolish..........................................................................HB 44 Chiefs and agency heads; training; peace officers; Juvenile Justice Department; county probation systems................................... HB 580 Complaints against officers; establish criteria......................................................HB 1064 Counties and municipalities; certain pay increases; prohibit certain bonded debt................................................................................. HB 285 Crimes against person; require bystander assistance............................................HB 532 Crimes against police, firefighter, or emergency medical technician; sentencing.............................................................................. SB 120 Criminal Justice Coordinating Council; authorize certain business transactions through committees .............................................SB 111 Employees' Retirement; Public Safety Training Center; Georgia Emergency Management Agency; certain employees............. HB 614 Fleeing or attempting to elude police; amend felony provisions...........................HB 395 Fleeing or attempting to elude police; felony..........................................................HB 394 Georgia Crime Information Center; certain criminal records; electronic dissemination.......................................................................... HB 613 Georgia Sheriffs' Cooperative Authority; create ...................................................HB 1073 HIV; certain contact by police or emergency personnel; expedite testing.................................................................................. HB 1061 Joint Study Committee on Local Law Enforcement Officer Salaries and Benefits; create ..................................................................... HR 84 Law enforcement records; motor vehicle accident reports; disclosure; prohibitions............................................................................... SB 20 Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence........................................................SB 154 National Crime Prevention and Privacy Compact; ratify; criminal records; child-placing agencies; day-care centers and homes .............SB 165
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2828

INDEX

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) National Crime Prevention and Privacy Compact; ratify; day-care or foster home applicants; fingerprinting............................................HB 298 National Crime Prevention and Privacy Compact; ratify; foster home applicants; fingerprinting................................................................. HB 751 Peace officer; redefine ................................................................................................HB 738 Peace Officers' Annuity and Benefit; membership eligibility ................................HB 501 Peace Officers' Annuity and Benefit; reemployment of retirees ...........................HB 799 Peace Officer Standards and Training Council; membership................................HB 126 Police chiefs; traffic control; police volunteers ........................................................HB 165 Public Safety, Board of; additional members.......................................................... SB 242 Public Safety, Department of; certain badges or replicas; prohibitions............................................................................................... SB 155 Public Safety, Department of; certain employees; use of department vehicles; taxicab self-insurers; certain exception .......................SB 108 Public Safety, Department of; Commercial Vehicle Safety and Inspection Division................................................................HB 971 Public Safety, Department of; School Security Officer Division; schools; safety policies................................................................ HB 31 Sheriffs; certain records; electronic storage and retrieval .....................................HB 235 Sheriffs; qualifications; amend provisions ...............................................................HB 687 Speed detection devices; permit; employment of part-time peace officer.............HB 289 Stone Mountain Memorial Association; exercise police powers; appoint peace officers................................................................... HB 449 Traffic citations; complaint forms; include multiple offenses................................HB 178 Transportation, Department of; enforcement officers; drug detection dogs; certain enforcement powers............................................... HB 520
LAYSON, SHEILA; commend..................................................................................... HR 534
LEE COUNTY AMERICAN ALL-STARS DIXIE YOUTH BASEBALL TEAM; invite to House ......................................................................HR 212
LEE COUNTY; board of elections and registration; create .................................... HB 821
LEE, EULA MAE HERRIN; condolences.................................................................HR 721
LEE, F. RAY; condolences ...........................................................................................HR 444
LEE, HONORABLE WILLIAM J. (BILL) Communication; certification of election of Majority Leader of House............... Page 45 Recognize.....................................................................................................................HR 315
LEE, STEPHEN EDWARD; commend ..................................................................... HR 408
LEGAL ADVERTISING Judicial sales; publication of notices; official organs; amend provisions...................................................................................... HB 782 Polling places; closing; repeal certain advertising requirement............................HB 776
LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC.; commend...........................................................................................................HR 382
LEGISLATIVE COUNSEL; communications ..................................Pages 46, 47, 159, 161
LEONARD, EARL T., JR.; commend........................................................................HR 342
LESSER, CRAIG S.; commend.................................................................................... HR 80
"LESTER AND VIRGINIA MADDOX BRIDGE"; designate ................................SR 151
LESTER, HONORABLE JAMES State Transportation Board; election; Tenth Congressional District..........................................................................................Page 160
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2829

LEVETAN, LIANE; American Diabetes Alert for March; commend......................HR 474
LEVY, CHANTELL; commend...................................................................................HR 187
LEWALLEN, TRAVIS CLAYTON; commend ..........................................................HR 237
LIABILITY AND LIABILITY INSURANCE Abusive litigation; frivolous actions and defenses; amend provisions................HB 1070 Computers; certain Y2K solution providers; limit liability ...................................HB 221 Crimes against person; require bystander assistance............................................HB 532 Dangerous dogs; owners' liability insurance; amount............................................HB 935 Firearms; require owners carry insurance ................................................................HB 86 Georgia Tort Claims Act; make applicable to local governments.......................HB 1076 Georgia Volunteer in Medicine Act; enact...............................................................HB 146 Hospitals; acquisitions; amend provisions................................................................. SB 54 Income tax; certain liability on joint returns; provide relief.................................HB 422 Income tax; joint returns; innocent spouse relief.....................................................HB 56 Income tax; liability on joint returns; innocent spouse relief...............................HB 556 Insurance; countersignatures; when required.........................................................HB 545 Limited liability companies; dissociation; dissolution.............................................. SB 41 Limited partnerships; elections; certificates.............................................................. SB 42 Local Government Cable Fair Competition Act; enact........................................... SB 240 Mortgage; failure to transmit cancellation; liability of grantee............................HB 429 Motor vehicles; certain property damage claims; arbitration................................HB 157 Patient's Right to Independent Review Act; enact .................................................HB 732 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180 School liability insurance; include certain volunteer nonprofit organizations.......................................................................... SB 192 Seat belts; failure to use; not considered as evidence of causation or to calculate damages................................................... HB 727 State medical research institutions; sovereign immunity; certain limited waiver......................................................................... HB 947 Taxicabs; insurance; increase amount......................................................................HB 254 Temporary Health Care Placement Decision Maker for an Adult Act; enact.......................................................................................... HB 256 Torts; psychologists, physicians, professional counselors, social workers, and marriage and family therapists; duty of care................... HB 237 Torts; structured settlement payment rights; regulate transfer; disclosure; right of recission................................................... SB 130 Trucks; certain insurance coverage; amend provisions..........................................HB 679 Volunteers in Medicine Health Care Act; enact .....................................................HB 717
LIBERTY COUNTY Board of elections; add member...............................................................................HB 983 Joint Liberty County and City of Hinesville Vocational-Technical School Authority; create .................................................... HB 982
LIBRARIES Computers; encourage certain Internet blocking software ....................................HR 213 Cooperative library projects; certain agencies; funding.........................................HB 576 County law libraries; certain counties; certain court cost.....................................HB 853 Librarians; certification; continuing education .......................................................HB 934 Nonprofit organizations raising funds for libraries; sales tax exemption............................................................................... HB 567 Nonprofit organizations raising funds for libraries; sales tax exemption............................................................................... HB 568 Sales tax; library materials; exempt certain nonprofit organizations..................HB 156
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2830

INDEX

LICENSE PLATES AND REGISTRATION Ad valorem tax; certain members of armed forces; exempt vehicles ...................HB 368 Dog and cat sterilization support program; provisions..........................................HB 130 License plates; certain antique vehicles; display....................................,...............HB 588 Motor vehicle records; access by regulated persons...............................................HB 421 Motor vehicles; retail sales by dealers; identifying drive-out tags.......................HB 873 Motor vehicles; temporary plates .............................................................................HB 823 Port vehicles; registration and licensing; dimensions and weight; exemptions..................................................................... HB 678 Public schools; driver training; impose fee to fund - CA.......................................HR 643 Registration periods; certain counties......................................................................HB 111 Registration periods; International Registration Plan; apportionable vehicles; fees ........................................................................ HB 439 Special license plates; Purple Heart; include trailers ............................................HB 469 Special plates and parking; handicapped persons; amend provisions..................HB 496 Special plates; bobwhite quail; antique vehicles; firefighters................................HB 855 Special plates; firelighters; retirement provision.................................................... SB 127 Special plates; Nongame-Endangered Wildlife Program; proceeds .......................HB 653 Special plates; United States armed forces Georgia veterans ..............................HB 645 Special plates; veterans; eliminate certain fees......................................................HB 676 Special plates; Year 2000 Children's Plate.............................................................. SB 253 State Guard; workers' compensation; wages; special plates..................................HB 536 Tag agents; fees and compensation..........................................................................HB 897 Tag agents; modernization and technology; funding ..............................................HB 579 Tag service companies; certain records access ........................................................HB 706
LICENSES (Also, see Named License) Addiction counselors.................................................................................................HB 1063 Alarm systems monitoring contractors; regulation and licensure ......................HB 1071 Applications; include social security number; child support withholding..................................................................................... HB 379 Auctioneers; qualifications for licensure..................................................................HB 602 Bail enforcement agents; regulation ........................................................................HB 386 Centralized Credentialing for Health Care Practitioners Act; enact .................HB 1038 Child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; fees; ratify National Crime Prevention and Privacy Compact........................... SB 165 Cosmetology; amend provisions.................................................................................. SB 95 Day-care center employees; records check; state and national fingerprint records check.................................................................. HB 30 Day-care or foster home applicants; fingerprinting; ratify National Crime Prevention and Privacy Compact................................... HB 298 Deferred Presentment Act; enact .............................................................................HB 515 Dental hygienists; qualifications...............................................................................HB 634 Dentistry; amend provisions .....................................................................................HB 295 Dialysis facilities and technicians; inspections .......................................................HB 646 Driver's license; amend provisions ...........................................................................HB 793 Driver's license and identification card; prohibit fingerprinting.............................HB 13 Driver's license and identification card; prohibit fingerprinting.............................HB 48 Driver's license and identification card; prohibit fingerprinting...........................HB 466 Driver's license and identification card; prohibit fingerprinting...........................HB 521 Driver's license; certain epileptics; prohibit disqualification.................................!!!) 122 Driver's license; certain offenses; revoke upon second conviction .......................... HB 89 Driver's license; certain offenses; seizure, suspension, and revocation ................................................................................... HB 377 Driver's license; certain revocation; limited driving permit ....................................HB 85
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INDEX

2831

LICENSES (Also, see Named License) (Continued) Driver's license; certain revocation; limited driving permit ....................................HB 90 Driver's license; certain revocation; limited driving permit ....................................HB 91 Driver's license; certain revocation; limited driving permit ..................................HB 321 Driver's license; certain suspension; terminate upon guilty plea.........................HB 675 Driver's license; driving while suspended or revoked; increase certain penalty......................................................................... HB 848 Driver's license; implied consent; notice on application and license....................HB 376 Driver's license or permit; provide for replacement issuance ...............................HB 115 Driver's license; persons under age 18; driver training course...........................HB 1059 Driver's license; persons under age 21; certain suspension ..................................HB 113 Driver's license; persons under age 21; driver education course..........................HB 581 Driver's license; persons under age 21; revocation; reissuance; limited permits................................................................................... HB 442 Driver's license; probationary; replacement fee......................................................HB 234 Driver's license; probationary; replacement fee......................................................HB 587 Driver's license; renewal outside United States; contract with Department of Industry, Trade, and Tourism .............................. HB 47 Driver's license; suspension or revocation; points; child safety restraints............................................................................................ HB 444 Driver's license suspension; refusal of chemical test; guilty plea.........................HB 252 Emergency medical services; local governments; amend provisions.....................HB 882 Firearms; specially trained handgun license...........................................................HB 387 Fishing; certain public docks or piers; license not required..................................HB 203 Foster home applicants; fingerprinting; ratify National Crime Prevention and Privacy Compact............................................. HB 751 Foster homes; require submission of fingerprints ..................................................HB 750 Georgia Boxing Commission; name; powers; permits; boxing registry ................HB 740 Georgia Boxing Commission; name; powers; permits; boxing registry................ SB 205 Georgia Teen Smoking Act; enact ..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Georgia Volunteer in Medicine Act; enact...............................................................HB 146 Heidi's Law; enact...................................................................................................... SB 164 Home inspectors; licensing and regulation..............................................................HB 152 Insurance agents; limited licenses; motor vehicle rental companies.................... SB 181 Intangible tax; certain financial institutions; amend provisions ............................HB 61 Marriage; ceremonies in foreign nations; licensing; effect.....................................HB 344 Marriage ceremonies; mayors perform; foreign nations; amend provisions.........HB 791 Marriage; mayors perform ceremonies.....................................................................HB 830 Medical Examiners, Composite State Board of; function as state agency.............HB 25 Mental health therapists; associate mental health therapists..............................HB 600 Milk and milk products; amend provisions...............................................................HB 77 Newborn infants; hearing screening; special licensing of retired physicians; audiologists' licensing....................................... HB 717 Pharmacists; definitions; State Board; powers; foreign graduates; Nuclear Pharmacy Law; enact ..............................................SB 100 Pine straw sales; business license or tax identification number..........................HB 327 Private detective and security agencies; amend provisions...................................HB 326 Real estate company franchises; requirements .......................................................HB 802 Regional economic assistance projects; criteria; alcoholic beverage sales..........................................................................................SB 179 Residential contractors; licensing and regulation...................................................HB 154 Revenue; amend provisions; Office of Fine Collections; create ...............................HB 97 Seat belts; amend provisions ....................................................................................HB 465 Seat belts; children under age four; sport
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LICENSES (Also, see Named License) (Continued) utility and all terrain vehicles............................................................................... SB 211
Secretary of State; examining boards; amend provisions......................................HB 734 Ski Area Safety Act; enact........................................................................................HB 517 Speech-language pathologists and audiologists;
definitions; board meetings.................................................................................... SB 133 State Licensing Board for General Contractors; create .........................................HB 997 Table wine; certain receipt and transfer; license not required .............................HB 571
LIENS AND MORTGAGES Counties and municipalities; sanitation service suppliers; prohibit certain liens............................................................................ HB 736 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 Dies, molds, forms, and patterns; ownership.......................................................... SB 140 Hospital liens; prohibit filing before insurance settlement ...................................HB 288 Hospitals; eliminate liens ..........................................................................................HB 284 Mortgage; failure to transmit cancellation; liability of grantee............................HB 429 Mortgage lenders and brokers; license applications; social security number; child support withholding ............................................ HB 379 Motor vehicles; ad valorem tax; heavy-duty equipment vehicles; mobile homes.......................................................................HB 283 Motor vehicles; mechanics' liens; constructive notice; superiority ........................HB 232 Property tax; in rem foreclosures; superior court orders.........................................HB 36 Self-service storage facilities; amend provisions.....................................................HB 817 Tax executions; liens and lienholders; transfers; security interests; tax deeds.................................................................................. SB 169
LIEUTENANT GOVERNOR Communications ............................................................................................ Pages 159, 162 Inauguration.............................................................................................................. Page 10 Joint session; inauguration ...........................................................................................HE 3
LIFE INSURANCE Certain annuities; amend provisions .......................................................................HB 788 Countersignatures; when required ...........................................................................HB 545
LIFE UNIVERSITY; commend.................................................................................. HR 520
LIGHTSEY, MICHAEL; commend............................................................................ HR 604
LIMOUSINE CARRIERS AND TAXICABS Railroad crossings; duty to maintain; damages for violation..................................HB 10 Taxicab self-insurers; certain exception; change certain date...............................HB 809 Taxicabs; liability insurance; increase amount .......................................................HB 254
LENDSEY, JAMES HUGH; invite to House ............................................................ HR 327
LITHIA SPRINGS, CITY OF; new charter.............................................................HB 970
LITTLE, LEROY; commend......................................................................................... HR 19
LITTLE, WINDEE; commend..................................................................................... HR 536
LITTLE, WINNIFRED D.; commend........................................................................HR 691
LIVESTOCK Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10
LOANS Banks and financial institutions; amend provisions ..............................................HB 297 Industrial; regulation by commissioner of banking and finance...........................HB 472 Industrial; regulation; Department of Banking and Finance................................HB 188 Insurance; transactions by certain financial institutions ......................................HB 656 Motor vehicle sales; redefine "cash sale price";
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2833

LOANS (Continued) certain installment and lease transactions......................................................... HB 210
Property; satisfaction of certain indebtedness; recordation time limit.................HB 746
LOBBYING State government; lobbying services; prohibit public funds..................................HB 720
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Bonds; require certain reports ..................................................................................HB 964 Cable television; easements; landlord and tenant; tenants' choice of cable service............................................................................. HB 669 Certain banners and signs; allow businesses display ............................................HB 160 Certain construction projects; competitive bidding.................................................HB 572 Certain county police forces; abolish..........................................................................HB 44 Certain pay increases; prohibit certain bonded debt .............................................HB 285 Certain property; eminent domain...........................................................................HB 844 Certain recreational property; environmental testing............................................HB 660 Certain residential construction; qualified business enterprise............................HB 381 Certain undertakings; exclude solid waste facilities..............................................HB 525 Certain vehicles; identifying markings ....................................................................HB 648 Certain water and sewer systems; authorize certain contracts............................HB 399 County governing authorities; compensation ........................................................HB 1044 County law libraries; certain counties; certain court cost.....................................HB 853 County officials; nonpartisan election......................................................................HB 491 Development authorities; removal of members.......................................................HB 731 Elections; early voting; provisions............................................................................ SB 235 Fire and other hazards; misdemeanor violations; jurisdiction................................ SB 73 Georgia Tort Claims Act; make applicable to local governments .......................HB 1076 Harold F. Holtz Municipal Training Institute; membership terms ........................HB 73 Health and other employee benefits; ACCG Group Health Benefits Program, Inc................................................................................ SB 197 Homeowner tax relief grants ....................................................................................HB 611 Homeowner tax relief grants; ad valorem tax credits ...........................................HB 553 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Local Government Cable Fair Competition Act; enact........................................... SB 240 Local Government Code Enforcement Boards Act; enact ......................................HB 591 Multiyear lease, purchase, or lease purchase contracts......................................... SB 106 Municipal charter commissions; create........................................................................HB 8 Municipal courts; shoplifting; increase jurisdictional amount................................. SB 63 Pension obligation bonds; requirements; issuance; purchase ................................HB 847 Public buildings; require display of certain information .........................................HB 87 Public works construction contracts; amend provisions.......................................HB 1079 Rock quarries near water systems; prohibition ......................................................HB 458 Rock quarries; prohibition.........................................................................................HB 209 Rock quarries; prohibition.........................................................................................HB 937 Sanitation service suppliers; prohibit certain liens................................................HB 736 Service delivery agreements; state funds ................................................................HB 391 Service delivery strategies; state service delivery regions; regional development centers..................................................HB 699 Shoplifting; misdemeanor offense; municipal court jurisdiction ...........................HB 242 Utility easements; public notice and hearing .......................................................HB 1067 Volunteer firefighters; serve as members................................................................HB 402 Volunteer firefighters; serve as members.................................................................. SB 13
LOCAL OPTION SALES TAX Certain counties; prohibit certain reduction of proceeds.......................................HB 537 Joint county and municipal sales tax; distribution requirements ........................HB 355
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LOCAL OPTION SALES TAX (Continued) Special county 1% sales tax; consolidated govermnents........................................HB 625 Special county 1% sales tax; hospital or indigent patient care services.............................................................................................. HB 626 Special county 1% sales tax; major capital equipment..........................................HB 618
LOITERING Jails; guard lines; certain prohibited activity .........................................................HB 128 School safety plans; emergency management; funding assistance; training...................................................................................................SB 74
LONG COUNTY; grant easement.............................................................................. HR 119
LOTTERY Corrections; certain offenders; debt collection against lottery prizes............................................................................................. HB 118 HOPE scholarship eligibility; Pell grant recipients................................................HB 505 HOPE scholarship eligibility; Pell grant recipients................................................HB 596 HOPE scholarships; redefine "eligible high school"................................................HB 305 HOPE scholarships; semester system transition; scholarship extension............. HB 460 Lottery prizes; recovery of certain public assistance .............................................HB 485
LOVIN, GRADY MONROE; condolences .................................................................HR 459
LOVINGOOD, JAMES DAVID, JR. AND LYNDA FREEMAN; commend...............................................................................................HR 627
LOWE, CAPTAIN BILL; commend...........................................................................HR 460
LOWNDES COUNTY Valdosta-Lowndes County Conference Center and Tourism Authority; create..................................................................................... HB 899
LUCAS, HONORABLE DAVID; committee assignment ......................................Page 145
LUMPKIN COUNTY Land use and zoning regulations; advisory referendum........................................HB 404
LUTHERSVnXE, CITY OF; new charter...............................................................HB 836
LYNESS, A. ANDREW; commend............................................................................. HR 713
LYNN, GRACE; commend...........................................................................................HR 275
M

MACON, CITY OF Macon-Bibb County; Joint Unification Study Commission....................................HB 134 Macon Day in Atlanta; invite certain officials to House .......................................HR 358 Water authority; additional powers..........................................................................HB 239 Water authority; additional provisions ....................................................................HB 680
MACON COUNTY Board of education; compensation............................................................................HB 909 Office of county manager; create..............................................................................HB 192
MADDEN, HONORABLE EDDIE; communication..............................................Page 162
MADDOX, JOHN IV; commend.................................................................................HR 159
MADISON, CITY OF; homestead exemption; certain residents............................ HB 948
MAGISTRATE COURTS Certain fees; amend provisions.................................................................................HB 629 Chief magistrates; minimum salaries; full-time service; delete provisions.....................................................................................HB 1054
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2835

MAGISTRATE COURTS (Continued) Civil jurisdiction; increase to $7,500........................................................................HB 663 Criminal trespass; amend provisions .......................................................................HB 304 Fire and other hazards; misdemeanor violations; jurisdiction................................ SB 73 Judges of the Probate Courts Retirement; chief magistrate; membership..........HB 519 Judicial Retirement; chief magistrates; membership .............................................HB 307 Judicial Retirement; Employees' Retirement; transfer of certain contributions........................................................................... HB 543 Monetary jurisdiction of civil claims.......................................................................... SB 82 Ordinances; criminal trespass; imprisonment.........................................................HB 153 Probate court judges; serving as magistrate or chief magistrate; minimum salaries; increases................................................... HB 548
MAJOR GENERAL THOMAS WAYNE ROBISON MEMORIAL HIGHWAY; designate........................................................................HR 162
"MAJOR ROBERT HIGHTOWER DAY"; proclaim............................................... HR 191
MALONE, ROY; commend.......................................................................................... HR 313
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MANCHESTER, CITY OF; elections; mayor and council ......................................HB 334
MANGET, LUKE; commend.......................................................................................HR 277
MANN, TYLER; commend.......................................................................................... HR 406
MANROSS, LAUREL ELAINE; commend............................................................... HR 180
MANUEL, TRAYVIS; invite to House....................................................................... HR 101
MARELLE, COACH JOE; commend........................................................................HR 227
MARIETTA HIGH SCHOOL BOYS BASKETBALL TEAM; commend........................................................................................................HR 507
MARIETTA POLICE DEPARTMENT; commend .................................................. HR 246
MARIJUANA Controlled substances; certain convictions; prohibit appeal bond ........................HB 500 Controlled substances; dangerous drugs; seizures; use and disposition ..............HB 864 Jails; guard lines; certain prohibited activity .........................................................HB 128 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180
MARION, JESSD3; commend.....................................................................................HR 603
MARKETS Agriculture, Department of; certain rented spaces; require electrical service ....................................................................................... HB 177 Agriculture, Department of; certain rented spaces; require steps........................HB 175 Georgia Agricultural Facilities Authority Act; enact..............................................HB 870
MARRIAGE (Also, see Domestic Relations) Ceremonies in foreign nations; licensing; effect .....................................................HB 344 Ceremonies; mayors perform.....................................................................................HB 830 Ceremonies; mayors perform; foreign nations; amend provisions ........................HB 791 Covenant marriage; contract between parties ......................................................HB 1087 Divorce; marriage irretrievably broken; amend provisions ...................................HB 424 Income tax; certain liability on joint returns; provide relief.................................HB 422 Income tax; joint returns; retirement income exclusion ........................................HB 601 Income tax; liability on joint returns; innocent spouse relief ...............................HB 556 License; copy of official license after completion....................................................HB 379
MARSHALL SHIRAH MEMORIAL BRIDGE; designate........................................SR 77
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MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Metropolitan Atlanta Rapid Transit Overview Committee; create. ......................HR 167 Operating cost exclusions; interest income .............................................................HB 573 Sales tax; urban transit systems; define certain term.............................................HB 55
MARTIN, ELIZABETH; commend............................................................................ HR 108
MARTIN, FRANK; compensate.................................................................................. HR 161
MARTIN, JUSTIN MICHAEL; commend. ...............................................................HR 503
MASS TRANSPORTATION MARTA; operating cost exclusions; interest income...........................................:...HB 573 Metropolitan Atlanta Rapid Transit Overview Committee; create.. .....................HR 167 Regional Transportation Authority; create................................................................ SB 57 Sales tax; urban transit systems; define certain term.............................................HB 55 Transportation, Department of; certain capital projects; authorize participation........................................................................... HB 585
MAYS, E. HAROLD; commend . .................... ............................................................ .HR 455
MCCLENDON, BOB J.; condolences ........................................................................ HR 688
MCCLUNG, JENNIFER; commend .......................................................................... HR 354
MCCULLOUGH, BRIGADIER GENERAL THOMAS L.; commend ..................HR 186
MCDONOUGH, CITY OF; corporate limits............................................. ................. SB 204
MCENTIRE, DENNIS; commend .............................................................................. HR 231
MCGLAMERY, SERGEANT K. B. Commend.....................................................................................................................HR 363 Commend.....................................................................................................................HR 393
MCKINNEY, CYNTHIA; commend. ..........................................................................HR 361
MCMICHAEL, HOWARD, JR.; commend................................................................ HR 545
MCMICHAEL, REBECCA; commend....................................................................... HR 552
MCQUAIG, J. B.; commend. .......................................................................................HR 733
MEDICAL ASSISTANCE, DEPARTMENT OF Certain hospital emergency claims; payment .........................................................HB 705 Community Health, Department of and Board of; Office of Women's Health....................................................................................... SB 241 Essential Rural Nonemergency Transportation Provider Access Act; enact.................................................................................... HB 315 Medical assistance; inpatient hospital claims; payment ........................................HB 631 Mental health; children and adolescents; resources to provide service ...............HB 492 Nursing facility child care centers; provisions. .......................................................HB 575 Range of benefits; payment amounts.......................................................................HB 914
MEDICAL ASSOCIATION OF GEORGIA Alliance; commend......................................................................................................HR 472 .................................................................................................................HR 473
MEDICAL COLLEGE OF GEORGIA Certain settlement proceeds; urge sharing with victims .......................................HR 493
MEDICAL CONSENT Complementary and Alternative Health Care Freedom of Access Act; enact ............................................................................... HB 749 Temporary Health Care Placement Decision Maker for an Adult Act; enact.......................................................................................... HB 256
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2837

MEETINGS Hospitals; sale or lease; public hearing.....................................................................HB 99 Local Government Cable Fair Competition Act; enact........................................... SB 240 State and local governments; certain meetings; agenda and affidavit ................HB 278
MENTAL HEALTH Assisted living facilities; enact provisions ...............................................................HB 758 Children and adolescents; resources to provide service.........................................HB 492 Community service boards; employees reporting fraud, waste, or abuse; planning lists for disability services.............................SB 139 Disability services; guidelines .....................................................................................HB 11 Disability services; state-wide guidelines ................................................................HB 269 Interference with custody; redefine offense.............................................................HB 270 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create............................ HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create.............................SR 116 Mental health, mental retardation, and substance abuse boards; appointment confirmations........................................................... HB 595 Mental health therapists; associate mental health therapists; licensing................................................................................... HB 600
MENTALLY RETARDED Assisted living facilities; enact provisions...............................................................HB 758 Community service boards; employees reporting fraud, waste, or abuse; planning lists for disability services.............................SB 139 Disability services; guidelines.....................................................................................HB 11 Disability services; state-wide guidelines ................................................................HB 269 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create............................ HR 303 Joint Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee; create.............................SR 116 Mental health; disability services; state-wide guidelines ......................................HB 269 Mental health, mental retardation, and substance abuse boards; appointment confirmations........................................................... HB 595
MERICA, DR. AND MRS. STANLEY HILL; honor ..............................................HR 301
MERIT SYSTEM (Also, see State Employees or State Government) Community Health, Department of and Board of; Office of Women's Health....................................................................................... SB 241 Employees' Retirement; define certain term...........................................................HB 569 Juvenile courts; certain employees; include in classified service of merit system......................................................................... HB 892 Natural Resources, Department of; certain employees; delete benefits exemption.................................................................. HB 754 State employees; certain overtime compensation; prohibit waiver.....................HB 1080 State employees; deferred compensation; amend provisions .................................HB 300 State employees; grievance system; amend provisions ..........................................HB 677 State employees; health insurance; changes conform to Administrative Procedure Act...........................................................HB 668 State employees; health insurance plan; include certain public retirees............................................................................................ HB 566 Tax collectors and commissioners; compensation; additional increase.................HB 627
MERIWETHER COUNTY Board of education; per diem allowance..................................................................HB 655 Convey property .........................................................................................................HR 204
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MERIWETHER COUNTY (Continued) Public facilities authority; amend provisions..........................................................KB 980
MILITARY AFFAIRS Ad valorem tax; certain members of armed forces; exempt vehicles ...................HB 368 Ad valorem tax; spouse of certain military personnel; homestead exemption.......................................................................... HB 446 Employees' Retirement; define certain term...........................................................HB 569 Federal budget; military funds; redistribute to states .............................................HR 97 Georgia Military College; funding through Department of Technical and Adult Education........................................................................ HB 840 Insurance premium taxes; residents of military facilities; require certain agreement....................................................................HB 890 Korean War (1950-1953) Memorial Interchange; designate ..................................HR 429 Sheriffs' Retirement; certain prior service; creditable service...............................HB 392 Spanish American War Tax; urge Congress repeal................................................HR 368 State Defense Force; change name to State Guard................................................HB 527 State Guard; workers' compensation; wages; special plates..................................HB 536 State War Veterans' Home and Nursing Home; admission; residency requirement........................................................................ HB 894 Teachers Retirement; certain creditable service; military service interruption................................................................................. HB 908 Teachers Retirement; define certain term...............................................................HB 570 Veterans Service, Department of; commissioner's compensation..........................HB 100
MILK AND MILK PRODUCTS Amend provisions.........................................................................................................HB 77 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact.................................................................................. SB 34
MILLER COUNTY; board of commissioners; districts............................................HB 922
MILLS, GALEN; commend......................................................................................... HR 284
MINERAL RESOURCES Certain quarrying and manufacturing material; sales tax exemption.................HB 231 Counties and municipalities; rock quarries near water systems; prohibition........................................................................... HB 458 Counties and municipalities; rock quarries; prohibition........................................HB 209 Counties and municipalities; rock quarries; prohibition........................................HB 937 County excise tax; severance of solid minerals ......................................................HB 208 County excise tax; severance of solid minerals ......................................................HB 480 Rock quarries; operation; geologic impact study.....................................................HB 494
MINORS Alcoholic beverages; bartender under age 21; prohibit............................................HB 18 Alcoholic beverages; certain consumption; repeal exception to prohibition............................................................................................. HB 9 Alcoholic beverages; furnishing to persons under age 21; prohibitions; exception.............................................................................HB 539 Alimony or child support; certain motions; new action not required.....................HB 53 Bully Law; enact ........................................................................................................HB 227 Certain qualified child care expenses; income tax credit ......................................HB 583 Certain sound recordings; restrict sale....................................................................HB 104 Certain termination of parental rights; adoption proceedings..............................HB 218 Child custody; children 12 and 13 years of age; certain rights............................HB 407 Childhood Lead Exposure Control Act; enact .........................................................HB 904 Child molestation; include certain telephone conversations..................................HB 712
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2839

MINORS (Continued) Children adjudicated delinquent; information provided to school principals ................................................................................ HB 302 Child safety restraints; certain violations; points; driver's license suspension ....................................................................... HB 444 Child under age 7 in designated smoking area; prohibition...............................HB 1086 Computer Pornography and Child Exploitation Prevention Act; enact; contributing to the delinquency of a minor; penalties ........................................................................ HB 213 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Contributing to delinquency of minor; amend penalty provisions........................HB 482 County boards of health; certain drugs provided to minors; prohibition; exception..........................................................................HB 328 Crimes against Family Members Act; enact........................................................... SB 113 Driver's license; persons under age 18; driver training course...........................HB 1059 Driver's license; persons under age 21; certain suspension..................................HB 113 Driver's license; persons under age 21; revocation; reissuance; limited permits................................................................................... HB 442 Education; bullying; discourage and prohibit..........................................................HB 247 Education; pre-kindergarten enrollment; child of teacher or employee ...............HB 927 Education; student codes of conduct.......................................................................... SB 49 Georgia Teen Smoking Act; enact ..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Health records; certain drug test reports; rights ...................................................HB 841 Health records; rights of minors ..............................................................................HB 994 House Study Committee on Early Childhood Immunization; create......................HR 83 House Study Committee to Review the Funding Policies for Group Homes Operated by Juvenile Justice; create ...................... HR 335 Human Resources, Department of; certain temporary care of child; court authorization not required................................................... HB 852 Improved Student Learning Environment and Discipline Act of 1999; enact................................................................................ HB 605 Income tax credit; certain driver education programs.............................................HB 95 Income tax credit; employer provided or sponsored child care; depreciation.......................................................................................... HB 610 Inmates; victim under age 16; prohibit visitation with minor................................HB 37 Jury duty; exempt primary caregiver of child under six.......................................HB 212 Juvenile courts; certain employees; include in classified service of merit system......................................................................... HB 892 Juvenile courts; certain employees; policy and procedures manual .....................HB 786 Juvenile courts; creation; amend provisions............................................................HB 182 Juvenile courts; jurisdiction; expand to all persons under age 18 .......................HB 268 Juvenile proceedings; certain parent-child communication; privileged ................HB 354 Juvenile proceedings; information presented to judge; format and contents ................................................................................... HB 785 Juvenile proceedings; mental competency; amend provisions...............................HB 417 Juvenile proceedings; violation of local curfew; declare unruly child ................HB 1060 Laser beams and pointers; prohibitions ..................................................................HB 503 Mental health; children and adolescents; resources to provide service ...............HB 492 Probation; crimes against children; eliminate two-year limit............................... SB 126 Public Safety, Department of; certain tobacco laws; enlist minors to test compliance................................................................. HB 813 Quality basic education; limited-English-proficient students; midterm adjustment.............................................................................. HB 686 Rape or aggravated sodomy; victim under age 12; penalties................................HB 116
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2840

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MINORS (Continued) Rape; redefine offense; female under age ten.........................................................HB 249 Reckless endangerment of a child; define offense ..................................................HB 651 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Schools; in-school suspension; parental notification...............................................HB 589 Schools; parents choose school within system.........................................................HB 538 Schools; student discipline reports; file with State Board of Education...................................................................................... HB 628 Schools; students arrested on premises; prohibit return on same day................HB 987 Seat belts; amend provisions ....................................................................................HB 465 Seat belts; children under age four; sport utility and all terrain vehicles...............................................................................SB 211 Seat belts; children under age 4; redefine "passenger vehicle" ............................HB 916 Seat belts; nonrestraint of certain children; define offense...................................HB 338 Sexual exploitation of children; define offense; penalties......................................HB 226 Sexual offender registry; registrations; hearings; board........................................ SB 105 Special plates; Year 2000 Children's Plate.............................................................. SB 253 Standby Guardianship Act; enact...........................................................................HB 1096 State Children's Trust Fund and Commission; date of repeal .............................HB 713 State Ombudsman Program for the Protection of Children Act; enact .............HB 1081 Student honors program; include home study programs....................................... SB 112 Temporary assistance for needy families; qualified aliens.................................... SB 110 Temporary guardianship; dissolution.......................................................................HB 414 Voting; child under age 17 in booth with parent ...................................................HB 266 Wills, trusts, and estates; amend provisions...........................................................HB 366
MITCHELL-BAKER HIGH SCHOOL EAGLES Basketball team; commend .......................................................................................HR 513 Basketball team; invite to House .............................................................................HR 494 Varsity cheerleaders; commend.................................................................................HR 510
MITCHELL, BOBBY DAVE, JR.; commend........................................................... HR 553
MITCHELL COUNTY HOSPITAL; commend........................................................HE 590
MKON, MIKE; commend ........................................................................................... HR 547
MOBILE HOMES Ad valorem tax; certain homes; assessed value 50% of invoice value .................HB 623 Ad valorem tax; eliminate certain decal requirements..........................................HB 125 Ad valorem tax; motor vehicles and motor homes; tax digest..............................HB 167
MONROE, CITY OF; franchises; define gross revenue ..........................................HB 810
MONROE COUNTY Coroner; compensation...............................................................................................HB 973 Homestead exemption; certain residents.................................................................HB 974 Towaliga Judicial Circuit; judges and district attorneys; salary supplement................................................................................. SB 208
MOORE, CRAIG; commend........................................................................................ HR 114
MOORE, GENE-GABRIEL AND THE NOT MERELY PLAYERS; commend.................................................................................................HR 696
MOORE, JAMES ODELL; condolences....................................................................HR 671
MOREHOUSE COLLEGE; invite President Walter E. Massey to House............HR 252
MORGAN COUNTY HIGH SCHOOL WRESTLING TEAM Invite to House...........................................................................................................HR 376
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2841

MORGAN, JOHN T.; commend..................................................................................HR 650
MORRISON, J. CALDWELL; condolences............................................................... HR 673
MORROW, JAMES DEVENEAU; invite to House...................................................HR 49
MORTGAGES (See Liens and Mortgages)
MOTHERSHEAD, JOHN; commend ........................................................................ HR 601
MOTOR CARRIERS Automobile carriers; redefine designated highways ...............................................HB 716 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Municipal streets; heavy truck traffic; prohibition.................................................HB 946 Public Safety, Department of; Commercial Vehicle Safety and Inspection Division................................................................ HB 971
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline, and Gas Service or Motor Vehicles and Traffic) Excise tax; levy and rate.............................................................................................HB 63 Sales tax exemption; amend provisions.....................................................................HB 57
MOTOR VEHICLE ACCIDENT INSURANCE Abandoned motor vehicles; certain pending claims; prohibit scrapping or disposal.............................................................................. HB 881 Certain drivers' information; electronic access by insurers...................................HB 546 Certain property damage claims; arbitration..........................................................HB 157 Claims; parts prohibition...........................................................................................HB 214 Countersignatures; when required ...........................................................................HB 545 Increase minimum liability coverage .......................................................................HB 276 Insurance agents; limited licenses; motor vehicle rental companies.................... SB 181 Insurers; designation of repair facilities; prohibition............................................... SB 77 Seat belts; failure to use; not considered as evidence of causation or to calculate damages................................................... HB 727 Taxicab self-insurers; certain exception; certain counties...................................... SB 108 Taxicab self-insurers; certain exception; change certain date...............................HB 809 Taxicabs; liability insurance; increase amount .......................................................HB 254 Trucks; certain coverage; amend provisions............................................................HB 679 Uniform rules of the road; inoperative traffic lights; accidents on multilane highways; removal of vehicle............................. SB 236
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; certain pending claims; prohibit scrapping or disposal.............................................................................. HB 881 Accident reports; disclosure; 10-day wait ................................................................HB 893 Accident reports; originals, filing; certified and authenticated copies; evidence............................................................................... SB 154 Accident reports; prohibit certain public disclosure ...............................................HB 529 Accidents; duty to remove from roadway; amend provisions ................................HB 886 Ad valorem tax; motor vehicles and motor homes; tax digest..............................HB 167 Ad valorem tax; motor vehicles; former prisoner of war or surviving spouse....................................................................................... SB 83 Ad valorem tax; nonresident soldiers and sailors; motor vehicle tax situs.......................................................................................... HB 441 Automobile carriers; redefine designated highways ...............................................HB 716 Blindness education, screening, and treatment programs; establish ...................HB 812 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Certain drivers' information; electronic access by insurers...................................HB 546 Certain drug test; define "full information"............................................................HB 476 Certain property damage claims; arbitration..........................................................HB 157
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2842

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MOTOR VEHICLES AND TRAFFIC (Continued) Crosswalk; redefine ......................................................................................................HB 40 Definitions; records access by regulated persons; titles for older vehicles; failure to appear in traffic case.................................. HB 421 Dog and cat sterilization support program; provisions..........................................HB 130 Driver's license; amend provisions ...........................................................................HB 793 Driver's license and identification card; prohibit fingerprinting.............................HB 13 Driver's license and identification card; prohibit fingerprinting.............................HB 48 Driver's license and identification card; prohibit fingerprinting...........................HB 466 Driver's license and identification card; prohibit fingerprinting...........................HB 521 Driver's license application; social security number; child support withholding ..................................................................................... HB 379 Driver's license; certain epileptics; prohibit disqualification.................................HB 122 Driver's license; certain offenses; revoke upon second conviction ..........................HB 89 Driver's license; certain offenses; seizure, suspension, and revocation........................................................................................................HB 377 Driver's license; certain revocation; limited driving permit..... ..............................HB 85 Driver's license; certain revocation; limited driving permit ....................................HB 90 Driver's license; certain revocation; limited driving permit....................................HB 91 Driver's license; certain revocation; limited driving permit ..................................HB 321 Driver's license; certain suspension; terminate upon guilty plea.........................HB 675 Driver's license; driving while suspended or revoked; increase certain penalty........................................................................................ HB 848 Driver's license; implied consent; notice on application and license....................HB 376 Driver's license or permit; provide for replacement issuance ...............................HB 115 Driver's license; persons under age 18; driver training course...........................HB 1059 Driver's license; persons under age 21; certain suspension ..................................HB 113 Driver's license; persons under age 21; driver education course ..........................HB 581 Driver's license; persons under age 21; revocation; reissuance; limited permits................................................................................... HB 442 Driver's license; renewal outside United States; contract with Department of Industry, Trade, and Tourism.............................. HB 47 Driver's license; suspension or revocation; points; child safety restraints............................................................................................ HB 444 Driver's license suspension; refusal of chemical test; guilty plea.........................HB 252 Driver training; certain provisions; exclude certain schools..................................HB 343 Driving under the influence; certain violators; vehicles subject to forfeiture................................................................................................ HB 639 Driving under the influence; driver improvement program; amend provisions...................................................................................HB 318 Driving under the influence; penalties; clinical evaluation and treatment; fines ........................................................................... HB 635 DUI Study Commission; create ..................................................................................HR 13 DUI Study Commission; create ................................................................................ SR 134 Emission inspections; exempt certain vehicles .......................................................HB 333 Excise tax; certain motor fuels; levy and rate................................ ........................HB 63 Failure to stop for pedestrian in crosswalk; misdemeanor......................................HB 23 Failure to stop for pedestrian in crosswalk; misdemeanor of a high and aggravated nature.................................................... HB 24 Fair business practices; certain motor vehicles; prohibit representing as new..............................................................................HB 1077 Fleeing or attempting to elude police; amend felony provisions...........................HB 395 Fleeing or attempting to elude police; felony..........................................................HB 394 Franchise practices; amend provisions ....................................................................HB 356 Gasoline and diesel fuel; maximum sulfur content................................................HB 138
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2843

MOTOR VEHICLES AND TRAFFIC (Continued) Georgia Teen Smoking Act; enact ..............................................................................HB 17 Georgia Teen Smoking Act; enact ............................................................................HB 181 Headlights; when use required.................................................................................HB 141 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 High occupancy vehicle lanes; single-occupant vehicle; fee for use........................HB 45 Highways; emergency call boxes; place along 1-75 .................................................HB 309 Homicide by vehicle while driving under the influence; life imprisonment or death...................................................................... HB 4 Income tax credits; certain low-emission vehicles; certain electric chargers......................................................................... HB 801 Insurance agents; limited licenses; motor vehicle rental companies.................... SB 181 Insurance; increase minimum liability coverage ....................................................HB 276 Insurance; motor vehicle claims; parts prohibition ................................................HB 214 Insurers; designation of repair facilities; prohibition............................................... SB 77 Intersections; inoperative traffic lights; treat as four-way stop............................HB 907 Laser speed detection devices; reliability; admissibility of results....................... SB 231 Law enforcement records; motor vehicle accident reports; disclosure; prohibitions............................................................................... SB 20 License plates; certain antique vehicles; display ....................................................HB 588 License plates; tag agents; fees and compensation ................................................HB 897 Maximum speed limits; vehicles having more than 6 wheels...............................HB 674 Mechanics' liens; constructive notice; superiority...................................................HB 232 Mechanics' tools; ad valorem tax exemption...........................................................HB 516 Motorcycles; headgear requirement; amend provisions..........................................HB 359 Police chiefs; traffic control; police volunteers ........................................................HB 165 Port vehicles; registration and licensing; dimensions and weight; exemptions..................................................................... HB 678 Probationary driver's license; replacement fee........................................................HB 234 Probationary driver's license; replacement fee........................................................HB 587 Radar speed detection devices; permits; vehicle visibility.....................................HB 164 Radar speed detection devices; use in historic districts ........................................HB 865 Radios and phones; due care of driver ....................................................................HB 310 Registration periods; certain counties......................................................................HB 111 Registration periods; International Registration Plan; apportionable vehicles; fees ........................................................................ HB 439 Retail sales by dealers; identifying drive-out tags .................................................HB 873 Revenue; amend provisions; Office of Fine Collections; create ...............................HB 97 Sales; redefine "cash sale price"; certain installment and lease transactions ...................................................................... HB 210 Sales tax; exemption of certain motor fuels; amend provisions..............................HB 57 School buses; load limit.............................................................................................HB 967 School buses; prohibit riding while standing ..........................................................HB 280 School buses; require passenger seat belts ...............................................................HB 42 Seat belts; amend provisions ....................................................................................HB 465 Seat belts; children under age four; sport utility and all terrain vehicles............................................................................... SB 211 Seat belts; children under age four; redefine "passenger vehicle"........................HB 916 Seat belts; failure to use; not considered as evidence of causation or to calculate damages................................................... HB 727 Seat belts; include certain pickup trucks ................................................................HB 533 Seat belts; nonrestraint of certain children; define offense...................................HB 338 Sexual offenses; vehicle used in prostitution; seizure............................................ SB 148 Special plates and parking; handicapped persons; amend provisions..................HB 496
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2844

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Special plates; bobwhite quail; antique vehicles; firelighters................................HB 855 Special plates; firelighters; retirement provision.................................................... SB 127 Special plates; Nongame-Endangered Wildlife Program; proceeds.......................HB 653 Special plates; Purple Heart; include trailers.........................................................HB 469 Special plates; United States armed forces Georgia veterans ..............................HB 645 Special plates; veterans; eliminate certain fees......................................................HB 676 Special plates; Year 2000 Children's Plate.............................................................. SB 253 Speed detection devices; permit; employment of part-time peace officer.............HB 289 Speed limits on certain highways; increase; trucks; maximum limit...................HB 363 Staggered registration; ad valorem tax; liens; heavy-duty equipment vehicles; mobile homes; permits and decals ................ HB 283 State and local governments; certain vehicles; identifying markings..................HB 648 State Guard; workers' compensation; wages; special plates..................................HB 536 Tag agents; modernization and technology; funding..............................................HB 579 Tag service companies; certain records access ........................................................HB 706 Taxicab self-insurers; certain exception; certain counties...................................... SB 108 Taxicab self-insurers; certain exception; change certain date...............................HB 809 Taxicabs; liability insurance; increase amount.......................................................HB 254 Temporary license plates...........................................................................................HB 823 Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 207 Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 265 Tires; certain fees; extend certain time limit; reports to General Assembly ................................................................................ HB 578 Title requirements; exclude certain older models...................................................HB 419 Traffic and municipal courts; certain municipalities; jail booking fees......................................................................................................HB 352 Traffic citations; complaint forms; include multiple offenses................................HB 178 Traffic-control signals; monitoring devices to record violations............................ SB 123 Traffic offenses; jurisdiction; bureau procedures; penalties...................................HB 423 Trucks; certain insurance coverage; amend provisions..........................................HB 679 Trucks; prohibited use of left lanes; exception .......................................................HB 685 Trucks; retail installment contracts; allow certain document fees.......................HB 792 Uniform rules of the road; inoperative traffic lights; accidents on multilane highways; removal of vehicle............................. SB 236 Vehicles and loads; length; unprocessed forest products; strobe lights and flags............................................................................. SB 47 Vehicles and loads; length; width; weight ...............................................................HB 880 Vehicles and loads; width and length; permits for excess..................................... SB 256
MOTORCYCLES Headgear requirement; amend provisions...............................................................HB 359 "Motorcycle Awareness and You Month"; recognize May, 1999 ............................HR 283 Traffic offenses; failure to appear; penalty .............................................................HB 420
MOVIES; tourism; high-tech products; certain tax credits...................................... HB 757
MOYE, C. MICKLE; commend................................................................................... HR 384
MOZLEY, JAMES; commend..................................................................................... HR 279
MUNDY'S MILL MIDDLE SCHOOL; commend.................................................... HR 222
MUNICIPALITIES (Also, see Local Government or Named Municipality) Ad valorem tax; certain municipalities; authorize certain contracts....................HB 609 Ad valorem tax; contracts for assessment, collection, and digest preparation ...........................................................................SB 83
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2845

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Ad valorem tax; local fair share funds; amend provisions....................................HB 523 Ad valorem tax; personal property exemptions; allow by local law - CA............HR 440 Ad valorem tax; 20 mill limitation; all school systems - CA ................................HR 125 Ad valorem tax; willful failure to pay; 10 percent penalty...................................HB 383 American Heritage in Education Act; enact............................................................HB 303 Authorities; suspension of members; felony indictment ........................................HB 401 Boards of education; certain public school construction contracts; bids................................................................................... HB 510 Boards of education; impact fees; General Assembly authorize collection and use - CA....................................................... HR 260 Boards of education; urge posting of certain American heritage documents .............................................................................. HR 333 Bonds; require certain reports..................................................................................HB 964 Building codes; certain notification; inspector training .........................................HB 150 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Certain banners and signs; allow businesses display ............................................HB 160 Certain construction projects; competitive bidding.................................................HB 572 Certain meetings; agenda and affidavit...................................................................HB 278 Certain municipalities; state court; venue in certain traffic offenses.................... SB 56 Certain pay increases; prohibit certain bonded debt .............................................HB 285 Certain property; eminent domain...........................................................................HB 844 Certain recreational property; environmental testing............................................HB 660 Certain roads leading to cemeteries; prohibit abandonment ................................HB 803 Certain undertakings; exclude solid waste facilities..............................................HB 525 Certain vehicles; identifying markings....................................................................HB 648 Certain water and sewer systems; authorize certain contracts............................HB 399 Computers; schools and libraries; encourage certain Internet blocking software....................................................................... HR 213 Detention facilities; out-of-state prisoners; require certain approval...................HB 456 Development authorities; removal of members.......................................................HB 731 Drug-free commercial zones; adoption; change date ..............................................HB 287 Education; additional instructional time; inclement weather...............................HB 450 Education; bullying; discourage and prohibit..........................................................HB 247 Education; educational care teams............................................................................. SB 50 Education; governing board members; increase training.......................................HB 306 Education; prohibit razor blades on school property; local boards adopt anti-bullying policies............................................... HB 84 Education; public school disciplinary tribunals ........................................................ SB 35 Elections; amend provisions ......................................................................................HB 530 Elections; early voting; provisions............................................................................ SB 235 Elections; optical scanning equipment; amend provisions.....................................HB 531 Elections; registrars; compensation ........................................................................HB 1066 Emergency medical services; amend provisions......................................................HB 882 Emergency Telephone System Fund; allow certain payments ..............................HB 411 Escape; define offense; include certain private facilities.......................................HB 132 Excise tax; authorize levy; convention center authority ........................................HB 558 Excise tax; hotels and motels; amend provisions ...................................................HB 499 Excise tax; trails or walkways; extend certain date ..............................................HB 241 Fire and other hazards; misdemeanor violations; jurisdiction................................ SB 73 Firearms; certain civil actions; reserve right to state............................................HB 189 Georgia Homeowner Protection Act; enact............................................................HB 1030 Georgia Tort Claims Act; make applicable to local governments .......................HB 1076 Guilty plea; alien or naturalized citizen; understand impact ...............................HB 584 Harold F. Holtz Municipal Training Institute; membership terms ........................HB 73
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2846

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Heavy truck traffic; prohibition................................................................................HB 946 High schools; Scholastic Aptitude Test preparatory course..................................... SB 32 Homestead real property; assessment and taxation; ad valorem tax - CA.........HR 414 Housing authorities; provide for resident commissioners......................................HB 406 Improved Student Learning Environment and Discipline Act of 1999; enact................................................................................ HB 605 Insurance premium taxes; residents of military facilities; require certain agreement ....................................................................HB 890 Intangible tax; certain financial institutions; amend provisions............................ HB 61 Jails; guard lines; certain prohibited activity .........................................................HB 128 Joint county and municipal sales tax; distribution requirements........................HB 355 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions; create........................................................................ SR 184 Law enforcement; chiefs and agency heads; training; peace officers; Juvenile Justice Department; county probation systems ......... HB 580 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Local Government Cable Fair Competition Act; enact........................................... SB 240 Local Government Code Enforcement Boards Act; enact ......................................HB 591 Local option sales tax; certain counties; prohibit certain reduction of proceeds................................................................................ HB 537 Magistrate courts; criminal trespass; amend provisions........................................HB 304 Malt beverages and wine; authorize certain Sunday sales .................................HB 1083 Maps and plats; certain zoning ordinance; approval before acceptance ..............HB 398 Marriage ceremonies; mayors perform; foreign nations; amend provisions.........HB 791 Marriage; mayors perform ceremonies.....................................................................HB 830 Metropolitan area planning and development commissions; amend provisions............................................................................ HB 245 Metropolitan area planning and development commissions; amend provisions............................................................................ HB 251 Millage rate; limit certain increase - CA.................................................................HR 202 Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence........................................................SB 154 Multiyear lease, purchase, or lease purchase contracts......................................... SB 106 Municipal charter commissions; create........................................................................HB 8 Municipal courts; shoplifting; increase jurisdictional amount................................. SB 63 Nuisances; unfit structures; amend provisions.....................................................HB 1062 Occupation taxes and regulatory fees; amend provisions; coin operated amusement machines.................................................HB 459 Open records; exempt certain cost estimates and bid proposals ..........................HB 250 Pension obligation bonds; requirements; issuance; purchase................................HB 847 Police chiefs; traffic control; police volunteers ........................................................HB 165 Property; certain 50 year covenants ..........................................................................HB 49 Public buildings; require display of certain information .........................................HB 87 Public records; amend provisions .............................................................................HB 279 Public works construction contracts; amend provisions.......................................HB 1079 Radar; permits; vehicle visibility..............................................................................HB 164 Railroad crossings; certain closings; agreement......................................................HB 290 Railroad crossings; duty to maintain; damages for violation..................................HB 10 Railroad crossings; repair, maintenance, and construction; restrictions....................................................................................... HB 574 Regional economic assistance projects; criteria; alcoholic beverage sales..........................................................................................SB 179 Rock quarries near water systems; prohibition ......................................................HB 458
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2847

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Rock quarries; prohibition.........................................................................................HB 209 Rock quarries; prohibition .........................................................................................HB 937 Sanitation service suppliers; prohibit certain liens................................................HB 736 School liability insurance; include certain volunteer nonprofit organizations.......................................................................... SB 192 School security personnel; authority to carry firearms.......................................... SB 152 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Schools; parents choose school within system.........................................................HB 538 Service delivery agreements; state funds ................................................................HB 391 Service delivery strategies; state service delivery regions; regional development centers................................................................. HB 699 Setoff debt; claimant agencies; collection ................................................................HB 243 Shoplifting; misdemeanor offense; municipal court jurisdiction ...........................HB 242 Special county 1% sales tax; consolidated governments........................................HB 625 State courts; certain cities; judges; funds................................................................HB 714 State employees' health insurance plan; include local boards of education, county officials, and county employees......................SB 28 Tax executions; liens and lienholders; transfers; security interests; tax deeds..................................................................................SB 169 Traffic and municipal courts; certain municipalities; jail booking fees ........................................................................... HB 352 Traffic-control signals; monitoring devices to record violations............................ SB 123 Traffic offenses; jurisdiction; bureau procedures; penalties...................................HB 423 Utility easements; public notice and hearing .......................................................HB 1067 Volunteer firefighters serve as members .................................................................HB 402 Volunteer firefighters serve as members................................................................... SB 13
MURDER Certain murders in Walton County; urge President and Attorney General order investigation..................................................................HR 477 Resulting from controlled substance violations; offense; penalties.......................HB 220 Teachers disabled or killed by act of violence; benefits.........................................HB 358
MURPHY, SPEAKER THOMAS B. Appreciation................................................................................................................HR 305 Commend.....................................................................................................................HR 497
MURRAY COUNTY Chief magistrate; compensation................................................................................HB 827 County manager; sole commissioner ........................................................................HB 861 Homestead exemption; certain residents...................................................................HB 32 Superior court clerk; tax commissioner; compensation..........................................HB 828
MUSCOGEE COUNTY Board of education; compensation............................................................................HB 831 Columbus, City of; marshal; abolish office; transfer powers to sheriff of Muscogee County.................................................. HB 913 State court; solicitors-general ...................................................................................HB 700
MUSIC House Study Committee on Obscenity in Music Lyrics; create............................HR 366 Minors; certain sound recordings; restrict sale.......................................................HB 104 Obscene material; include sound recordings ...........................................................HB 612
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2848

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N
NASH, WELDON A., JR.; commend.........................................................................HR 734
NATIONAL ASSOCIATION OF WATCH AND CLOCK COLLECTORS Atlanta chapter; invite certain individuals to House.............................................HR 293
NATIONAL GUARD Active members; income tax credit ..........................................................................HB 607 Georgia Military Pension Fund; create....................................................................HB 563 State Defense Force; change name to State Guard................................................HB 527 State Guard; workers' compensation; wages; special plates..................................HB 536
NATURAL RESOURCES (See Conservation and Natural Resources)
"NEIL JORDAN HOLTON HAZARDOUS MATERIALS TRAINING FACILITY"; designate ........................................................................HR 325
NESBIT ELEMENTARY SCHOOL SAFETY PATROL; commend.....................HR 492
NEWMAN, HERBERT E.; invite to House..............................................................HR 619
NEWNAN, CITY OF; convention center authority; create...................................... HB 559
NEWTON, CITY OF; new charter.............................................................................HB 839
NEWTON COUNTY; grant easement....................................................................... HR 119
NEWTON, HOWELL W. AND TRIO MANUFACTURING COMPANY; commend...............................................................................................HR 632
MX, JOHN EDWARD "ED"; commend................................................................... HR 638
NONPROFIT CORPORATIONS Ad valorem tax; exempt certain leased property....................................................HB 620 Certain electronic documents; amend provisions....................................................HB 682 Certain homes for the disabled; ad valorem tax exemption .................................HB 365 Certain organizations; sales tax exemption; library materials .............................HB 156 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission.............HB 224 Hospitals; acquisitions and dispositions; amend provisions ..................................HB 314 Nonprofit organizations raising funds for libraries; sales tax exemption...............................................................................HB 567 Nonprofit organizations raising funds for libraries; sales tax exemption............................................................................... HB 568 School liability insurance; include certain volunteer nonprofit organizations.......................................................................... SB 192
NONRESIDENTS Alcoholic beverage sales; repeal certain prohibition...................................................HB 7 Education; honors program; certain out-of-state students.....................................HB 425 Insurance; state of entry to U. S. for alien insurers................................................HB 26 Sexual offender registry; registrations; hearings; board........................................ SB 105 Temporary assistance for needy families; qualified aliens.................................... SB 110
NORMAN ALFRED TAYLOR ROAD; recognize honorary designation............... HR 699
NORRIS, TARA; commend......................................................................................... HR 546
NORTH FORSYTE HIGH SCHOOL GIRLS SOFTBALL TEAM; invite to House .............................................................................................HR 170
NORTHEASTERN JUDICIAL CIRCUIT; add judge............................................HB 397
NOTARIES PUBLIC Elections; certain petitions notarized and
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2849

NOTARIES PUBLIC (Continued) circulated by same person; disqualify.................................................................. HB 238
Elections; certain petitions notarized and circulated by same person; disqualify....................................................................... SB 6
NOTES AND EVIDENCE OF DEBT Credit cards; merchant discount rate; limit..........................................................HB 1056 Intangible recording tax; long-term notes; amend provisions.................................HB 62
NOWLIN, SHARON; commend..................................................................................HR 708
NUCLEAR ENERGY Radioactive material; transportation; Public Service Commission regulate................................................................................HB 998
NUISANCES Drug-related; actions to abate and enjoin; amend provisions...............................HB 405 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180 Sexual offenses; extensive revision of provisions..................................................HB 1074 The Georgia Neighborhood Protection Act; enact...................................................HB 136 Unfit structures; amend provisions........................................................................HB 1062
NURSES Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Health Access Improvement Act; enact...................................................................HB 784 Health care professionals; scope of practice............................................................HB 586 Licensed practical nurses; display designation on identification..........................HB 206 Nursing facility child care centers; provisions........................................................HB 575 Registered nurse first assistants; establish provisions ..........................................HB 744
NURSING HOMES State War Veterans' Home and Nursing Home; admission; residency requirement........................................................................ HB 894
o

OATHS OF OFFICE Members-elect.............................................................................................................. Page 5 Clerk of House............................................................................................................. Page 7
OBSCENITY Child molestation; include certain telephone conversations..................................HB 712 Computer Pornography and Child Exploitation Prevention Act; enact; contributing to the delinquency of a minor; penalties........................................................................ HB 213 Computers; schools and libraries; encourage certain Internet blocking software ....................................................................... HR 213 Contributing to delinquency of minor; amend penalty provisions........................HB 482 House Study Committee on Obscenity in Music Lyrics; create............................HR 366 Minors; certain sound recordings; restrict sale.......................................................HB 104 Obscene material; include sound recordings...........................................................HB 612
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
OCONEE COUNTY Board of education; compensation............................................................................HB 783 Board of education; compensation..........................................................................HB 1019
OCONEE JUDICIAL CIRCUIT; terms of court..................................................... HB 155
"OFFICERS OF THE YEAR FOR MERITORIOUS SERVICE" Invite to House...........................................................................................................HR 363 Nominees; commend...................................................................................................HR 393
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OPTOMETRISTS Continuing education requirements; certain date ..................................................HB 577 Scope of practice........................................................................................................... SB 16

P

P. V. STRIPLING MEMORIAL HIGHWAY; designate...........................................SR 137
PARDONS AND PAROLES Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Certain felonies; ineligibility.....................................................................................HB 248 Certain sentences; serve in entirety; General Assembly provide - CA................HR 645 Crimes against police, firefighter, or emergency medical technician; sentencing.............................................................................. SB 120 Elections; probation or parole officers as deputy registrars..................................HB 445 Inmates; incarceration costs; reimbursement to counties......................................HB 540 Serious felony; define; sentencing requirements...................................................HB 1065 State Board; remove from Department of Corrections .......................................... SB 145
PARENT AND CHILD Alcoholic beverages; certain consumption by minors; repeal exception to prohibition................................................................... HB 9 Alcoholic beverages; furnishing to persons under age 21; prohibitions; exception.................................................................. HB 539 Alimony or child support; certain motions; new action not required.....................HB 53 Certain caregivers; jury duty exemption ...................................................................HB 39 Child custody action; participation by great-grandparent..................................... SB 137 Child custody; child age 10 to 14; court consider child's wishes..........................HB 665 Child custody; children age 12 and 13; certain rights...........................................HB 407 Child custody; emotional, physical, or psychological abuse evidence..................... SB 26 Child support; establish family support registry....................................................HB 263 Child support; noncompliance; prohibit certain registration; child custody; acts of family violence............................................. HB 230 Child support recovery; determination, review, and release; modification........................................................................................SB 245 Child support; retroactive payment..........................................................................HB 911 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Crimes against Family Members Act; enact........................................................... SB 113 Health; breast-feeding in public; provisions; employer accommodations............... SB 29 Health records; certain drug test reports; rights of minors ..................................HB 841 House Study Committee on Certified Professional Midwifery; create ...................HR 32 Income tax credit; certain qualified child care expenses.......................................HB 583 Interference with custody; redefine offense.............................................................HB 270 Jury duty; exempt primary caregiver of child under six.......................................HB 212 Juvenile proceedings; certain communication; privileged......................................HB 354 Nursing facility child care centers; provisions........................................................HB 575 Parental rights; certain termination; adoption proceedings ..................................HB 218 Parental rights; termination; change grounds ........................................................HB 228 Paternity orders; certain content regarding legitimacy; amend provisions................................................................................ HB 891 Paternity orders; contents; effect................................................................................ SB 96 Schools; in-school suspension; parental notification...............................................HB 589 Schools; parents choose school within system.........................................................HB 538 Seat belts; children under age four; sport utility and all terrain vehicles............................................................................... SB 211 Seat belts; nonrestraint of certain children; define offense...................................HB 338 Sexual exploitation of children; define offense; penalties......................................HB 226
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PARENT AND CHILD (Continued) Student honors program; include home study programs....................................... SB 112 Voting; child under age 17 in booth with parent...................................................HB 266 Wills, trusts, and estates; amend provisions...........................................................HB 366
PARHAM, HONORABLE BOBBY E.; communication........................................Page 160
PARKS, HISTORIC AREAS, AND COMMEMORATIONS Boats on Tugalo Lake; power; limitations; exceptions...........................................HB 183 Controlled substances; certain activities near park or housing project; penalties............................................................... HB 649 Georgia Conservation District Act; enact ................................................................HB 509 Lake Lanier Islands Development Authority; expand purposes for expending revenue ................................................................SB 99 Laura S. Walker Lake; change motor-boating hours..............................................HB 233 Local government; certain recreational property; environmental testing............HB 660 Museum of National History at University of Georgia; designate as State Museum of National History................................ HE 412 Official Garden and Nature Trail of Georgia; designate .......................................HB 179 Speed detection devices; radar; use in historic districts........................................HB 865 Sports Hall of Fame Authority; membership............................................................ SB 76 Stone Mountain Memorial Association; exercise police powers; appoint peace officers ................................................................... HB 449 Stone Mountain Memorial Association; membership .............................................HB 367 Stone Mountain Memorial Association; purposes; contracts; improvement fund................................................................................ HB 384 Stone Mountain Memorial Association; purposes; funds......................................... SB 17
PARKVD3W HIGH SCHOOL Commend.....................................................................................................................HR 678 Panthers Girls' Soccer Team; commend...................................................................HR 138 Panthers Soccer Team; commend .............................................................................HR 139
PARRISH, LINDA; commend..................................................................................... HR 600
PARSONS, JO LYNN; commend ...............................................................................HR 706
PATE, FRANCES BUICE; commend........................................................................HR 729
PATRICK, LARRY; compensate................................................................................... HR 31
PAULDING COUNTY Grant easement ..........................................................................................................HR 119 Tallapoosa Judicial Circuit; judges and district attorney; salary supplements................................................................................. SB 238
PAWNSHOPS; interest and fees; change amount......................................................HB 75
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY Board of commissioners; chairperson's compensation ............................................HB 930
PEARSON, A. K. Compensate...................................................................................................................HR 28 Compensate...................................................................................................................HR 94
PELHAM, CITY OF City council and board of education; districts ........................................................HB 437
PEMBROKE, CITY OF; council districts.................................................................HB 933
PENAL INSTITUTIONS Certain sentences; serve in entirety; General Assembly provide - CA................ HR 645 Commissioner of corrections; Pardons and Paroles Board members; salary determination.................................................................. SB 248
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PENAL INSTITUTIONS (Continued) Convicted persons; remain in county while preparing appeal..............................HB 850 Corrections; certain offenders; debt collection against lottery prizes...................HB 118 Corrections, Department of; commissioner's salary; Board of Pardons and Paroles; members' salaries................................. HB 100 Department of Corrections Inmate Construction Program; limit projects...........HB 808 Detention facilities; out-of-state prisoners; require certain approval...................HB 456 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Income tax; certain debts; authorize setoff against refund...................................HB 582 Inmates; incarceration costs; reimbursement to counties......................................HB 540 Inmates; medical treatment; reimbursements; limitation ...................................HB 1047 Inmates; victim under age 16; prohibit visitation with minor................................HB 37 Jails; guard lines; certain prohibited activity .........................................................HB 128 Pardons and paroles; certain felonies; ineligibility.................................................HB 248 Pardons and Paroles, State Board of; remove from Department of Corrections............................................................................ SB 145 Prisoner litigation reform; habeas corpus; actions in forma pauperis................. SB 115 Probation; crimes against children; eliminate two-year limit............................... SB 126 Probation; revocation; amend provisions .................................................................HB 471 Probation; suspended sentences; additional fees .................................................... SB 218 Serious felony; define; sentencing requirements...................................................HB 1065 Sexual offender registry; registrations; hearings; board........................................ SB 105 Sexual offenses; extensive revision of provisions..................................................HB 1074 Telephones; amend provisions...................................................................................HB 659
PENDERGRASS, TOWN OF; corporate limits....................................................... HB 936
PENSIONS (See Retirement and Pensions)
PERDOMO, RALPH; commend.................................................................................HR 541
PERRY, CITY OF; corporate limits .......................................................................... HB 951
PESTICIDES AND PEST CONTROL Environmental Protection Agency; pesticide risk evaluation; urge use of certain procedures ......................................................... HR 257 License application; include social security number; child support withholding...................................................................... HB 379 Structural pest control; Georgia wood infestation inspection reports; requirements........................................................................ HB 1029
PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHENK SUPPLY COMPANY; commend................................................................ HR 739
PHOTOGRAPHERS Invasion of privacy; unauthorized videotaping of another; prohibit.....................HB 984
PHYSICAL THERAPISTS Physical therapy and physiotherapy; amend provisions......................................HB 1045
PHYSICIANS AND OSTEOPATHS Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Centralized Credentialing for Health Care Practitioners Act; enact .................HB 1038 Dialysis facilities and technicians; licensing; inspections......................................HB 646 Generic drug containers; include name of brand name drug..................................HB 19 Georgia Volunteer in Medicine Act; enact...............................................................HB 146 Health care professionals; scope of practice............................................................HB 586 Insurance; certain time period; minimum prescription quantity ..........................HB 271
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2853

PHYSICIANS AND OSTEOPATHS (Continued) Managed care plans; health maintenance organizations; out-of-network providers......................................................................................... SB 210 Medical Examiners, Composite State Board of; function as state agency.............HB 25 Medical loans and scholarships; rural counties; contracts ....................................HB 211 Medical practice; certain titles and terms; include "physician"............................HB 345 Medical scholarships; rural health care; amend provisions ..................................HB 260 Partial-birth abortion; prohibit; penalties; exceptions............................................HB 854 Physician's assistants; certain prescriptions; permit number...............................HB 488 Torts; duty of care......................................................................................................HB 237 Volunteers in Medicine Health Care Act; licensing; certain retired physicians...................................................................................... HB 717
PIERCE, CARLTON; commend.................................................................................HR 514
PIERCE COUNTY Board of commissioners; chairperson's compensation ............................................HB 991 Board of education; compensation ..........................................................................HB 1000
PILCHER, TONY; compensate .................................................................................. HR 164
PLEASANT SPRINGS AREA IN LAURENS COUNTY Designate as community ...........................................................................................HR 288
POLICE CHIEFS AND OTHER LAW ENFORCEMENT AGENCD3S; commend..............................................................................................HR 244
POLK COUNTY Tallapoosa Judicial Circuit; judges and district attorney; salary supplements................................................................................. SB 238
POOLER, CITY OF Corporate limits..........................................................................................................HB 977 Homestead exemption ................................................................................................HB 875
POPE, LEESE; commend ...........................................................................................HR 454
PORT WENTWORTH, CITY OF; homestead exemption....................................... HB 877
POSTSECONDARY EDUCATION Campus policemen; school security personnel; law enforcement powers.............HB 996 Center for Trade and Technology Transfer; board of directors; provisions........................................................................................... HB 330 Certain students; jury duty exemption......................................................................HB 39 Colleges; persons seeking admittance; prohibit indexing of grades .......................HB 79 Cooperative library projects; certain agencies; funding.........................................HB 576 Georgia Military College; funding through Department of Technical and Adult Education.................................................. HB 840 HOPE scholarship eligibility; Pell grant recipients................................................HB 505 HOPE scholarship eligibility; Pell grant recipients................................................HB 596 HOPE scholarships; redefine "eligible high school"................................................HB 305 HOPE scholarships; semester system transition; scholarship extension .............HB 460 Medical scholarships; rural health care; amend provisions ..................................HB 260 Museum of National History at University of Georgia; designate as State Museum of National History................................ HR 412 Private colleges and universities; redefine "institution of higher education"; medical loans and scholarships................... HB 211 Public schools and colleges; urge change of certain mascots..................................HR 85 Teachers Retirement; certain creditable service; military service interruption................................................................................. HB 908
POTTS, ROBERT EARL; condolences ..................................................................... HR 465
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POULTRY INDUSTRY; urge adoption of fair business practices .........................HR 430
POWELL, LEROY; commend.....................................................................................HE 482
PREGNANCY RESOURCE CENTER OF DOUGLASVILLE; commend..........HR 179
PRESCRIPTION DRUGS AND PHARMACISTS Advisory Committee on Pain Management for the Terminally 111; create............. SB 38 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Generic drug containers; include name of brand name drug..................................HB 19 Generic drugs; strongly urge State Board of Pharmacy to require brand name on label......................................................... HR 417 Health insurance; certain prescription drug coverage; prohibit denial.................. SB 94 Insurance; certain medical information; confidentiality.........................................HB 819 Insurance; certain medical information; confidentiality; certain claims; payment time limits.......................................... HB 159 Medical College of Georgia; certain settlement proceeds; urge sharing with victims.................................................................... HR 493 Medicare; certain recipients; prescription drug reimbursement .........................HB 1069 Nonprescription drugs; sales tax exemption ...........................................................HB 322 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Pharmacies in certain stores; signs .........................................................................HB 462 Pharmacists; definitions; State Board; powers; foreign graduates; licenses; Nuclear Pharmacy Law; enact...............................SB 100 Pharmacists; license application; social security number; child support withholding .......................................................HB 379 Physician's assistants; certain prescriptions; permit number ...............................HB 488 Physicians; certain time period; minimum prescription quantity.........................HB 271 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Revenue; amend provisions; Office of Fine Collections; create ...............................HB 97 Secretary of State; examining boards; amend provisions ......................................HB 734 State Commission on Drug Addiction; create ...........................................................HR 96 State Commission on Drug Addiction; create......................................................... SR 184
PRESLEY, ALLISON; commend............................................................................... HR 400
PRIMARIES (See Elections)
PRINCIPAL AND AGENT Appointment of guardian of property; clarify effect...............................................HB 256 Appointment of guardian of property; effect on written and financial powers of attorney............................................................ HB 415
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Amend provisions .......................................................................................................HB 326
PROBATE COURTS Guardian ad litem; services; probate court judge fix fee.......................................HB 413 Judges of the Probate Courts Retirement; chief magistrate; membership..........HB 519 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 451 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 452 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 454 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 615 Judges of the Probate Courts Retirement; membership dues.............................HB 1089 Judges of the Probate Courts Retirement; senior judge; right of benefit............................................................................................ HB 453 Judges; serving as magistrate or chief magistrate; minimum salaries; increases................................................................................. HB 548 Wills, trusts, and estates; amend provisions...........................................................HB 366
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2855

PROBATION Crimes against children; eliminate two-year limit................................................. SB 126 Elections; probation or parole officers as deputy registrars..................................HB 445 Heidi's Law; enact......................................................................................................HB 826 Heidi's Law; enact...................................................................................................... SB 164 Peace officer; redefine ................................................................................................HB 738 Revocation; amend provisions ...................................................................................HB 471 Revocation; certain service of sentence....................................................................HB 461 Serious felony; define; sentencing requirements...................................................HB 1065 Suspended sentences; additional fees ...................................................................... SB 218
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Addiction counselors; licensing...............................................................................HB 1063 Mental health therapists; associate mental health therapists; licensing................................................................................... HB 600 Torts; duty of care......................................................................................................HB 237
PROFESSIONS AND BUSINESSES Acupuncture Act of Georgia; enact...........................................................................HB 814 Ad valorem tax; exempt certain small business inventory......................................HB 29 Addiction counselors; licensing ...............................................................................HB 1063 Alarm systems monitoring contractors; regulation and licensure ......................HB 1071 Auctioneers; qualifications for licensure ..................................................................HB 602 Audiologists; licensing exemption; certain infant screening; special licensing of certain retired physicians...................... HB 717 Centralized Credentialing for Health Care Practitioners Act; enact .................HB 1038 Certain auctioneer and real estate funds; investments...........................................HB 43 Chiropractors; scope of practice; allow acupuncture ..............................................HB 787 Conditioned air contractors; cease and desist orders; certain activities; repeal provisions......................................................... HB 816 Conditioned air contractors; certain cease and desist orders; repeal provisions............................................................................HB 748 Cosmetology; amend provisions.................................................................................. SB 95 Dental hygienists; licensure; qualifications .............................................................HB 634 Dentistry; amend provisions .....................................................................................HB 295 Driver training; certain provisions; exclude certain schools..................................HB 343 Georgia Boxing Commission; name; powers; permits; boxing registry ................HB 740 Georgia Boxing Commission; name; powers; permits; boxing registry................ SB 205 Georgia Veterinary Practice Act; enact....................................................................HB 372 Georgia Volunteer in Medicine Act; enact...............................................................HB 146 Health Access Improvement Act; enact ...................................................................HB 784 Health care professionals; scope of practice............................................................HB 586 Home inspectors; licensing and regulation..............................................................HB 152 Insurance; health care providers; include athletic trainers.....................................HB 93 Librarians; certification; continuing education .......................................................HB 934 License applications; social security number; child support withholding ..................................................................................... HB 379 Licensed practical nurses; display designation on identification..........................HB 206 Local governments; certain banners and signs; allow businesses display...........HB 160 Low-voltage contractors; continuing education; criminal records checks.............HB 722 Medical Examiners, Composite State Board of; function as state agency.............HB 25 Medical practice; certain titles and terms; include "physician"............................HB 345 Mental health therapists; associate mental health therapists; licensing................................................................................... HB 600 Occupational Regulation Review Law; repeal.........................................................HB 770 Optometrists; continuing education requirements; certain date...........................HB 577
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INDEX

PROFESSIONS AND BUSINESSES (Continued) Optometrists; scope of practice................................................................................... SB 16 Pawnshops; interest and fees; change amount .........................................................HB 75 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Physical therapy and physiotherapy; amend provisions......................................HB 1045 Physician's assistants; certain prescriptions; permit number...............................HB 488 Physicians; certain time period; minimum prescription quantity.........................HB 271 Pine straw sales; business license or tax identification number ..........................HB 327 Poultry industry; urge adoption of fair business practices....................................HR 430 Private detective and security agencies; amend provisions...................................HB 326 Professional Bondsmen and Bail Recovery Agents, Board of; create...................HB 216 Professional engineers and land surveyors; certification; exempt certain Transportation Department employees .............. HB 400 Psychologists; certain drugs; authority to prescribe...............................................HB 353 Real estate appraisers; amend provisions...............................................................HB 312 Real estate company franchises; license requirements..........................................HB 802 Registered nurse first assistants; establish provisions ..........................................HB 744 Residential contractors; licensing and regulation...................................................HB 154 Revenue; amend provisions; Office of Fine Collections; create ...............................HB 97 Secretary of State; examining boards; amend provisions......................................HB 734 Small business inventory; ad valorem tax exemption............................................HB 364 Speech-language pathologists and audiologists; definitions; board meetings; licenses..................................................................... SB 133 State Construction Industry Licensing Board; redefine certain terms ................HB 846 State examining boards; require members reside in state....................................HB 351 State Licensing Board for General Contractors; create .........................................HB 997 Structural pest control; Georgia wood infestation inspection reports; requirements........................................................................ HB 1029
PROPERTY Abutting lake; certain information; disclosure to buyer........................................HB 443 Ad valorem tax; appeals; notice; additional information.......................................HB 622 Ad valorem tax; appeals; notice; additional information.......................................HB 624 Ad valorem tax; bona fide conservation use property; additional qualified owners.................................................................... HB 34 Ad valorem tax; bona fide conservation use property; ownership qualifications....................................................................... HB 176 Ad valorem tax; bona fide conservation use property; qualified owner; family owned farm entities...................................... HB 240 Ad valorem tax; certain municipalities; authorize certain contracts....................HB 609 Ad valorem tax; certain property; recording fees.....................................................HB 33 Ad valorem tax; certain veterans' organizations ....................................................HB 131 Ad valorem tax deferral; senior citizens; certain counties ....................................HB 619 Ad valorem tax; exempt certain homes for the disabled.......................................HB 365 Ad valorem tax; exempt certain personal property..................................................HB 27 Ad valorem tax; exempt mechanics' tools................................................................HB 516 Ad valorem tax; fair market value; acquisition date - CA........................................HR 1 Ad valorem tax; heavy-duty equipment motor vehicles; collection and assessment...................................................................... HB 283 Ad valorem tax; homeowner's incentive adjustment - CA.....................................HR 269 Ad valorem tax; increase personal property; exempt small boats........................HB 514 Ad valorem tax; levy and millage rate; comprehensive revision of provisions................................................................... HB 939 Ad valorem tax; limitation; General Assembly provide - CA................................HR 377 Ad valorem tax; local fair share funds; amend provisions....................................HB 523 Ad valorem tax; millage rate limitation - CA...........................................................HR 10 Ad valorem tax; millage rate limitation - CA...........................................................HR 12
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2857

PROPERTY (Continued) Ad valorem tax; millage rates; amend provisions ..................................................HB 294 Ad valorem tax; millage rates; returns; records; disclosures; appeals; procedures............................................................................ SB 177 Ad valorem tax; mobile homes; eliminate certain decal requirements ................HB 125 Ad valorem tax; motor vehicles and motor homes; tax digest..............................HB 167 Ad valorem tax; new assessment description ........................................................... SB 98 Ad valorem tax; nonprofit corporations; exempt certain leased property............HB 620 Ad valorem tax; notice of assessment; amend provisions......................................HB 170 Ad valorem tax; notice of assessment; information and disclosures ....................HB 489 Ad valorem tax; personal property exemptions; allow by local law - CA............HR 440 Ad valorem tax; property values; acquisition date - CA........................................HR 152 Ad valorem tax; property values; date of acquisition - CA...................................HR 151 Ad valorem tax; spouse of certain military personnel; homestead exemption.......................................................................... HB 446 Ad valorem tax; tangible property; assessment........................................................HB 64 Ad valorem tax; values established by appeal; increase certain time limit.................................................................................... HB 410 Ad valorem tax; willful failure to pay; 10 percent penalty ...................................HB 383 Agricultural Commodity Commission for Peanuts; powers ...................................HB 541 Bankruptcy; homestead exemption; spouses filing jointly .....................................HB 703 Cable television; easements; landlord and tenant; tenants' choice of cable service............................................................................. HB 669 Certain tax values; amend provisions......................................................................HB 296 Certain 50-year covenants; provisions .......................................................................HB 49 Counties and municipalities; certain property; eminent domain..........................HB 844 Counties and municipalities; utility easements; public notice and hearing.................................................................................... HB 1067 County boards of equalization; certain appeals; burden of proof .........................HB 347 Covenants; certain subdivisions; automatic renewal............................................HB 1053 Cruelty to animals; comprehensive revision of provisions.....................................HB 362 Dies, molds, forms, and patterns; ownership; liens ............................................... SB 140 Eminent domain; certain assessors; cost limitation ...............................................HB 313 Fair market value; leases not considered................................................................HB 120 Forestry practices; allow on land owned in fee simple..........................................HB 112 Georgia Conservation District Act; enact ................................................................HB 509 Homestead exemption; certain senior citizens; applicable taxes ..........................HB 169 Homestead exemption; disabled veterans; clarify exemption amount..................HB 684 Homestead exemption; equal to state ad valorem tax...........................................HB 168 Homestead real property; assessment and taxation; ad valorem tax - CA.........HR 414 Hospital liens; prohibit filing before insurance settlement ...................................HB 288 Hospitals; eliminate liens..........................................................................................HB 284 Hospitals; sale or lease; public hearing.....................................................................HB 99 House Property Tax Study Committee; create..........................................................HR 87 Hunting; restrict within 300 yards of residence.....................................................HB 186 Land and Water Conservation Fund; urge Congress support appropriations .......................................................................................... HR 438 Land-disturbing activities; repeal certain permit requirements ...........................HB 657 Landlord and tenant; default on certain leases; rent acceleration.......................HB 637 Landlord and tenant; payments into court registry; possession of property............................................................................ HB 512 Local governments; certain construction projects; competitive bidding ...............HB 572 Local governments; homeowner tax relief grants...................................................HB 611 Local governments; homeowner tax relief grants; ad valorem tax credits..........HB 553 Maps and plats; certain zoning ordinance; approval before acceptance ..............HB 398 Mortgage; failure to transmit cancellation; liability of grantee............................HB 429
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INDEX

PROPERTY (Continued) Pawnshops; interest and fees; change amount.........................................................HB 75 Private ways; easements of necessity; increase width ...........................................HB 858 Property Tax Credit Act of 1999; enact...................................................................HB 434 Property tax; in rem foreclosures; superior court orders.........................................HB 36 Real estate transfer tax; certain instruments; amend provisions...........................HB 65 Satisfaction of certain indebtedness; recordation time limit.................................HB 746 Small business inventory; ad valorem tax exemption............................................HB 364 State-owned golf courses; require sale.....................................................................HB 807 State Properties Commission; certain purchases; limited exception ....................HB 621 Summons; waiver of service; amend provisions......................................................HB 708 Superior court clerks; make available certain real estate indices........................HB 597 Tax assessment; appraisers; inspection of property...............................................HB 346 Tax assessment; increase; notice of justification ....................................................HB 246 Trespass; damage; when cause of action accrues ...................................................HB 837 Use offeree in defense; redefine habitation............................................................HB 105
PSYCHOLOGISTS Certain drugs; authority to prescribe ......................................................................HB 353 Torts; duty of care......................................................................................................HB 237
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Absentee ballots; certain government buildings; use for receiving and voting ................................................................................. HB 775 Basic Bathroom Standards Act of 1999; enact .....................................................HB 1075 Buildings accessible by ramp; urge automatic door openers.................................HR 264 Elections; amend provisions....................................,.................................................HB 530 Handicapped access; Safety Fire Commissioner regulate......................................HB 497 Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; create................................................ HR 330 Joint Study Committee on Art Policies for the Capitol and the Governor's mansion; create.................................................SR 184 Require display of certain information ......................................................................HB 87 State entities; inventory; submit to Georgia Building Authority .........................HB 217
PUBLIC CONTRACTS Counties and municipalities; certain water and sewer systems ...........................HB 399 Counties and municipalities; multiyear lease, purchase, or lease purchase contracts ..................................................................SB 106 Escape; define offense; include certain private facilities .......................................HB 132 Local boards of education; certain public school construction contracts; bids....................................................................... HB 510 Public works construction contracts; amend provisions.......................................HB 1079 State contracts; sovereign immunity; computer failure; authority.......................HB 389
PUBLIC OFFICERS AND EMPLOYEES Certain state officials; compensation .......................................................................HB 100 Certain state officials; salary determination........................................................... SB 248 Coroners; qualifications; fees; salary..........................................................................HB 98 Employees' Retirement; certain county employees; creditable service.................HB 975 Employees' Retirement; certain county employees; creditable service ...............HB 1052 Employees' Retirement; certain county employees; creditable service...............HB 1090 Employees' Retirement; certain Department of Natural Resources employees; service credit....................................................HB 1092 Employees' Retirement; certain judicial circuit employees; membership.............HB 766 Employees' Retirement; certain school system employees; creditable service................................................................................ HB 772
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2859

PUBLIC OFFICERS AND EMPLOYEES (Continued) Employees' Retirement; certain tax officials; age plus creditable service.................................................................................... HB 390 Employees' Retirement; creditable service; prior part-time service......................HB 457 Employees' Retirement; service credit; certain military service .........................HB 1091 Employees' Retirement; service credit; certain military service .........................HB 1091 Employees' Retirement; temporary full-time employees; creditable service................................................................................ HB 767 Employees' Retirement; 31 years service ................................................................HB 202 Employees' Retirement; 32 years service ................................................................HB 207 Employees' Retirement; 33 years service ................................................................HB 198 General Assembly; certain state officials; daily expense allowance .....................HB 475 Governor's appointees; reside full-time in state .....................................................HB 349 Health insurance; certain school employees and state employees; amend provisions .............................................................. HB 301 Insurance Commissioner; incapacity and cessation; council membership ...........HB 258 Juvenile courts; certain employees; include in classified service of merit system......................................................................... HB 892 Local government authorities; suspension of members; felony indictment .........HB 401 Medical examiner's and coroner's reports; coroner's qualifications and fees............................................................................SB 150 Natural Resources, Department of; certain employees; delete benefits exemption..................................................................HB 754 Political campaigns; prohibit certain false statements ..........................................HB 281 Political campaigns; prohibit certain false statements ..........................................HB 282 Public Employees' Portable Retirement; 401(k) accounts....................................HB 1094 Public Employees' Retirement 401(k) Plan; establish............................................HB 440 Public Employees' Retirement 401(k) Plan; establish............................................HB 493 Public Retirement Systems Investment Authority Law; enact.............................HB 617 Public retirement systems; minimum funding standards; comply with federal law.....................................................................HB 616 Public Safety Employees' Twenty-Year Retirement Plan; create........................HB 1033 Regional Transportation Authority; create................................................................ SB 57 Southern Dairy Compact; enact................................................................................HB 187 Southern Dairy Compact; enact; members of delegation; expenses ....................... SB 34 State employees; certain overtime compensation; prohibit waiver .....................HB 1080 State employees; deferred compensation; amend provisions .................................HB 300 State employees; grievance system; amend provisions ..........................................HB 677 State employees; health insurance; changes conform to Administrative Procedure Act........................................................... HB 668 State employees' health insurance plan; include certain public retirees............................................................................................ HB 566 State employees' health insurance plan; include local boards of education, county officials, and county employees...................... SB 28 Tax collectors and commissioners; compensation; additional increase.................HB 627
PUBLIC PROPERTY Ad valorem tax; nonprofit corporations; exempt certain leased property.......................................................................................... HB 620 Baldwin, Bartow, DeKalb, Elbert, Floyd, and Glascock counties; convey property......................................................................... SR 45 Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties; grant easements .....HR 119 Baldwin, Meriwether, Rabun, and Sumter counties; convey property .................HR 204 Cobb, Hall, and Laurens counties; convey property...............................................HR 122 Douglas, Hall, Tattnall, Dougherty, Chatham counties; convey property; Cobb and Fulton counties and
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PUBLIC PROPERTY (Continued) Hamilton County, Tennessee; grant easements; Rabun County; lease property; Baldwin County; amend lease......................... HR 169
Local government; certain construction projects; competitive bidding.................HB 572 Public buildings; handicapped access; Safety
Fire Commissioner regulate.................................................................................. HB 497 Public buildings; require display of certain information .........................................HB 87 Rockmart, City of; annex property........................................................................... SR 101 State entities; inventory of buildings; submit
to Georgia Building Authority..............................................................................HB 217 State entities; inventory of leased space;
submit to Department of Administrative Services............................................. HB 630 State-owned golf courses; require sale.....................................................................HB 807 State Properties Commission; certain purchases; limited exception ....................HB 621 State Properties Commission; membership; include Secretary of State ..............HB 158
PUBLIC RECORDS Disclosure; exempt certain 911 records ...................................................................HB 511 Education; Professional Standards Commission; amend provisions.....................HB 945 Evidence; privileged medical information; raw research data; limit discovery and admissibility........................................ HB 560 Georgia Aviation Hall of Fame; designate as official repository for aviation history.................................................................... HB 76 Law enforcement records; motor vehicle accident reports; disclosure; prohibitions ...............................................................SB 20 Local Government Cable Fair Competition Act; enact........................................... SB 240 Motor vehicle accident reports; disclosure; 10-day wait ........................................HB 893 Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence.............................................SB 154 Motor vehicle accident reports; prohibit certain public disclosure .......................HB 529 Motor vehicle records; access by regulated persons...............................................HB 421 Motor vehicles; tag service companies; certain records access..............................HB 706 Open records; exempt certain cost estimates and bid proposals ..........................HB 250 Pagers; service providers; maintain certain phone records .....................................HB 72 Real estate appraisers; amend provisions ...............................................................HB 312 State and local governments; amend provisions.....................................................HB 279 State and local governments; certain meetings; agenda and affidavit ................HB 278 Superior court clerks; information recordation; military discharge books ......................................................................................... HB 67 Superior court clerks; make available certain real estate indices........................HB 597
PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Certain badges or replicas; prohibitions.................................................................. SB 155 Certain employees; use of department vehicles...................................................... SB 108 Certain tobacco laws; enlist minors to test compliance.........................................HB 813 Commercial Vehicle Safety and Inspection Division ..............................................HB 971 Employees' Retirement; Public Safety; Training Center; Georgia Emergency Management Agency; certain employees............. HB 614 Establish School Security Officer Division; schools; establish safety policies............................................................................. HB 31 Jury lists; sources; drivers' licenses; certain removal............................................ SB 196 Motor vehicle accident reports; disclosure; 10-day wait ........................................HB 893 Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence............................................. SB 154 Motor vehicle accident reports; prohibit certain public disclosure .......................HB 529 Motor vehicle accidents; duty to remove from roadway; amend provisions ........HB 886
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2861

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) (Continued)
"Neil Jordan Holton Hazardous Materials Training Facility"; designate ............HR 325 Public Safety, Board of; additional members.......................................................... SB 242 Public Safety Employees' Twenty-Year Retirement Plan; create........................HB 1033 Traffic-control signals; monitoring devices to record violations............................ SB 123
PUBLIC SCHOOL EMPLOYEES Campus policemen; school security personnel; law enforcement powers.............HB 996 Children adjudicated delinquent; information provided to school principals ................................................................................ HB 302 Commercial driver training; certain expenses; recovery by local units ...............HB 420 Education; pre-kindergarten enrollment; child of teacher or employee ...............HB 927 Employees' Retirement; certain school system employees; creditable service................................................................................ HB 772 Health insurance; certain school employees; amend provisions............................HB 301 House Study Committee on School Support Personnel; create.............................HR 329 Public School Employees Retirement; optional plan............................................HB 1093 Quality basic education; end-of-course exams; student performance goals.................................................................................... HB 308 Retirement; 30 years of service................................................................................HB 715 School security personnel; local boards authorize carrying of firearms.................HB 41 Teachers Retirement; membership; amend provisions...........................................HB 835 Teachers Retirement; membership; amend provisions...........................................HB 999
PUBLIC UTILITIES AND TRANSPORTATION Aged and Disabled Transportation Task Force; create ..........................................HR 622 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Counties and municipalities; utility easements; public notice and hearing.................................................................................... HB 1067 Emergency management; 911 Advisory Committee................................................. SB 51 Emergency 911 system; certain costs; authorize payment.................................... SB 138 Emergency 911; wireless service suppliers; charges .............................................. SB 170 Emergency Telephone System Fund; allow certain payments ..............................HB 411 Essential Rural Nonemergency Transportation Provider Access Act; enact.................................................................................... HB 315 Federal qualified transportation fringe benefits; income tax credit.....................HB 147 Georgia Radio Utility Act; repeal.............................................................................HB 468 Natural Gas Marketing Act of 1999; enact.............................................................HB 180 Natural gas service; market conditions; Public Service Commission initiate certain proceedings ................................... HB 822 Pagers; service providers; maintain certain phone records .....................................HB 72 Public Safety, Department of; Commercial Vehicle Safety and Inspection Division................................................................ HB 971 Public Service Commission; basic local exchange calling areas; amend provisions ........................................................................... HB 507 Radioactive material; transportation; Public Service Commission regulate................................................................................ HB 998 Railroad crossings; certain closings; local government agreement .......................HB 290 Railroad crossings; repair, maintenance, and construction; restrictions....................................................................................... HB 574 Regional Transportation Authority; create................................................................ SB 57 Sales tax; urban transit systems; define certain term.............................................HB 55 Southeastern Railway Museum; official state transportation history museum............................................................................ HB 361 State Construction Industry Licensing Board; redefine certain terms................ HB 846 State Transportation Board; General Assembly set term of office - CA................HR 30
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PUBLIC UTILITIES AND TRANSPORTATION (Continued) Telecommunications companies; services by third parties..................................... SB 178 Telephone solicitation; certain calls; prohibit recording...........................................HB 69 Telephone solicitation; prohibited calls; exclude certain brokers or agents...................................................................................... HB 432 Transportation, State Board of; membership terms...............................................HB 119 Year 2000 Readiness Act; enact................................................................................ SB 230
PUBLICATIONS Judicial sales; publication of notices; official organs; amend provisions......................................................................................HB 782 State purchases; bid requirements; exceptions; certain publication.....................HB 323
PULASKI COUNTY Certain county officers; compensation .....................................................................HB 199 Consolidation with City of Hawkinsville.................................................................HB 197 Office of county commissioner; repeal Act creating ...............................................HB 200
PULASKI, TOWN OF; new charter.......................................................................... HB 824
PUREBRED ANIMAL RESCUE ASSOCIATIONS; commend............................ HR 517
PUTNAM COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ...........................................................................HR 625
Q
QUALITY BASIC EDUCATION (QBE) Certain foreign language instruction; funding; grants...........................................HB 506 Certain school social workers; funding.................................................................... SB 101 Education; public school disciplinary tribunals ........................................................ SB 35 End-of-course exams; student performance goals ...................................................HB 308 Governor's Education Reform Study Commission; create......................................HR 425 High schools; interscholastic sports events; charter requirements.......................HB 798 Limited-English-proficient students; midterm adjustment ....................................HB 686 Midterm adjustments; training and experience........................................................HB 16 Midterm adjustments; training and experience......................................................HB 142 Schools; attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Schools; construction project teams; include educator ...........................................HB 698 Special instructional assistance programs; local boards identify most needy................................................................................... HB 800
QUALITY HEALTH CARE COALITION ACT; urge Congress enact.................HR 120
R

R. E. LEE INSTITUTE; commend............................................................................ HR 181
R. P. BALKCOM, JR., MEMORIAL HIGHWAY; designate..................................SR 108
RABUN COUNTY Convey property .........................................................................................................HR 204 Lease property ............................................................................................................HR 169
RACETRACKS Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 207 Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame ................................................................................. HR 265
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2863

RADAR Laser speed detection devices; reliability; admissibility of results....................... SB 231 Permits; vehicle visibility ..........................................................................................HB 164 Speed detection devices; permit; employment of part-time peace officer.............HB 289 Use in historic districts .............................................................................................HB 865
RADIO Certain digital broadcast equipment; sales tax exemption ................................... HB 995 Georgia Radio Utility Act; repeal.............................................................................HB 468 Motor vehicles; radios and phones; due care of driver..........................................HB 310 Telecommunications companies; services by third parties..................................... SB 178
RAGAN, SUSAN; commend........................................................................................HR 490
RAILROADS Crossings; certain closings; local government agreement ......................................HB 290 Crossings; repair, maintenance, and construction; restrictions ............................HB 574 Duty to maintain crossings; damages for violation..................................................HB 10 Georgia Rail Passenger Overview Committee; membership..................................HB 455 Southeastern Railway Museum; official state transportation history museum............................................................................ HB 361
RAINWATER, BOB; commend...................................................................................HR 599
RANDOLPH COUNTY Board of commissioners; compensation....................................................................HB 184 Superior court; change terms....................................................................................HB 811
RAPE Prevention and personal safety; Department of Education establish course.......................................... ................................... HB 171 Rape or aggravated sodomy; victim under 12; penalties .......................................HB 116 Redefine offense; female under age ten...................................................................HB 249
RATHBUN, MR. AND MRS. GUY RICHARD; commend .................................... HR 637
RATTERREE, CHARLES; commend........................................................................HR 355
RAYLE, TOWN OF; mayor and council; staggered terms...................................... HB 878
"RAYMOND LESTER BRIDGE" Designate.....................................................................................................................HR 209 Designate..................................................................................................................... SR 236
REAGAN, SCOTT MCALISTER; commend............................................................HR 633
REAL ESTATE (Also, see Property) Appraisers; amend provisions ...................................................................................HB 312 Appraisers, brokers, and salespersons; license applications; social security number; child support withholding...................... HB 379 Real estate company franchises; license requirements ..........................................HB 802 Superior court clerks; make available certain real estate indices........................HB 597 Telephone solicitation; prohibited calls; exclude certain brokers or agents........................................................................ HB 432
REAPPORTIONMENT House of Representatives; multi-member districts; General Assembly; membership and apportionment.......................................... HB 464 Senate; reapportion districts 1, 2, 34, and 44 ........................................................ SB 109
REAVES, HONORABLE HENRY L.; commend..................................................... HR 194
RECREATION; state-owned golf courses; require sale ........................................... HB 807
REDEVELOPMENT (See Buildings and Housing)
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REEVES, DANIEL E. "DAN"; invite to House.........................................................HR 53
REID, HARRY; commend........................................................................................... HE 538
RELIGION Arson; places of worship; certain surgical facilities; penalties............................HB 1055 Churches, institutions, or denominations; sales tax exemption............................HB 568 Education; origins of life; presentation of scientific theories ................................HB 426 School curriculum; include presentation of certain scientific evidence ................HB 117
REPUBLIC OF SIERRA LEONE; commend..........................................................HR 728
RESPIRATORY CARE Medical Examiners, Composite State Board of; function as state agency.............HB 25 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174
RESSEAU, THOMAS HENRY; commend................................................................HR 128
RETIREMENT AND PENSIONS Code corrections..........................................................................................................HB 262 Employees' Retirement; certain appellate court secretaries; creditable service............................................................................... HB 988 Employees' Retirement; certain county employees; creditable service .................HB 975 Employees' Retirement; certain county employees; creditable service...............HB 1052 Employees' Retirement; certain county employees; creditable service ...............HB 1090 Employees' Retirement; certain Department of Natural Resources employees; service credit.................................................... HB 1092 Employees' Retirement; certain district attorney investigators; creditable service............................................................................ HB 654 Employees' Retirement; certain judicial circuit employees; membership.............HB 766 Employees' Retirement; certain school system employees; creditable service................................................................................ HB 772 Employees' Retirement; certain tax officials; age plus creditable service....................................................................................HB 390 Employees' Retirement; creditable service; prior part-time service......................HB 457 Employees' Retirement; define certain term...........................................................HB 569 Employees' Retirement; Public Safety; Training Center; Georgia Emergency Management Agency; certain employees............. HB 614 Employees' Retirement; service credit; certain military service .........................HB 1091 Employees' Retirement; temporary full-time employees; creditable service................................................................................ HB 767 Employees' Retirement; transfer certain contributions to Judicial Retirement System...................................................... HB 543 Employees' Retirement; 31 years service ................................................................HB 202 Employees' Retirement; 32 years service ................................................................HB 207 Employees' Retirement; 33 years service ................................................................HB 198 Firefighters' Pension; certain death benefit............................................................HB 495 Firefighter's Pension; membership; definition; repeal certain provision......................................................................................... HB 887 Firefighter's Pension; retirement allowance ............................................................HB 763 Garnishment; pension funds; additional exemption ...................................................HB 6 Georgia Military Pension Fund; create....................................................................HB 563 Income tax; increase retirement income exclusion.................................................HB 447 Income tax; joint returns; retirement income exclusion ........................................HB 601 Judges of the Probate Courts Retirement; chief magistrate; membership..........HB 519 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 451 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 452 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 454 Judges of the Probate Courts Retirement; dues; amend provisions.....................HB 615 Judges of the Probate Courts Retirement; membership dues.............................HB 1089
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2865

RETIREMENT AND PENSIONS (Continued) Judges of the Probate Courts Retirement; senior judge; right of benefit............................................................................................ HB 453 Judicial Retirement; board provide survivors benefit ............................................HB 765 Judicial Retirement; certain employees; membership............................................HB 919 Judicial Retirement; certain transfer of membership to Employees' Retirement System................................................ HB 1046 Judicial Retirement; change of employment; continuation of membership .........HB 764 Judicial Retirement; chief magistrates; membership .............................................HB 307 Judicial Retirement; juvenile court judges; county supplement ...........................HB 593 Judicial Retirement; membership election; certain persons................................HB 1088 Judicial Retirement; spouses' benefits; employee contribution ...........................HB 1072 Judicial Retirement; State Court of Fulton County; judges and solicitors-general..................................................................HB 689 Legislative Retirement; certain General Assembly members; membership.........HB 859 Legislative Retirement; deceased or divorced spouse; allowance..........................HB 599 Legislative Retirement; discretionary allowance increase ...................................HB 1031 Local retirement systems; certain invested assets; increase percentage .............HB 244 Peace Officers' Annuity and Benefit; membership eligibility ................................HB 501 Peace Officers' Annuity and Benefit; reemployment of retirees ...........................HB 799 Pension obligation bonds; requirements; issuance; purchase ................................HB 847 Public Employees' Portable Retirement; 401(k) accounts....................................HB 1094 Public Employees' Retirement 401(k) Plan; establish............................................HB 440 Public Employees' Retirement 401(k) Plan; establish............................................HB 493 Public Retirement Fiscal Safety Act of 2000; enact.............................................HB 1050 Public Retirement Systems Investment Authority Law; enact.............................HB 617 Public retirement systems; minimum funding standards; comply with federal law..................................................................... HB 616 Public Safety Employees' Twenty-Year Retirement Plan; create........................HB 1033 Public School Employees Retirement; optional plan............................................HB 1093 Public School Employees Retirement; 30 years of service.....................................HB 715 Retirement income; income tax exemption..............................................................HB 325 Retirement Savings Protection Act; enact...............................................................HB 342 Sheriffs' Retirement; certain prior service; creditable service...............................HB 392 Sheriffs' Retirement; spousal death; increase benefit ............................................HB 393 State employees' health insurance plan; include certain public retirees............................................................................................ HB 566 Teachers disabled or killed by act of violence; benefits .........................................HB 358 Teachers Retirement; beneficiaries; benefits increase..........................................HB 1037 Teachers Retirement; board provide survivors benefit...........................................HB 761 Teachers Retirement; certain creditable service; military service interruption................................................................................. HB 908 Teachers Retirement; certain creditable service; National Science Foundation ................................................................................ HB 707 Teachers Retirement; certain early retirement penalty; eliminate.......................HB 526 Teachers Retirement; certain overseas schools; creditable service .......................HB 978 Teachers Retirement; certain prior service; creditable service..............................HB 357 Teachers Retirement; certain private schools; creditable service........................HB 1028 Teachers Retirement; classroom teachers; early retirement..................................HB 756 Teachers Retirement; define certain term...............................................................HB 570 Teachers Retirement; early retirement; reduce penalty.........................................HB 255 Teachers Retirement; maximum creditable service; 40 years plus unused sick leave......................................................................... HB 1027 Teachers Retirement; membership; amend provisions...........................................HB 835 Teachers Retirement; membership; amend provisions...........................................HB 999 Teachers Retirement; service in General Assembly; creditable service .............HB 1043
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2866

INDEX

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; wrongfully paid benefits; reimbursement........................... SB 143
REVENUE (See Taxation and Revenue)
REVENUE BONDS Counties and municipalities; certain pay increases; prohibit certain bonded debt................................................................................. HB 285 County building authorities; certain cities; redefine "project"; amend provisions.................................................................... HB 737 Local governments; require certain reports ............................................................HB 964 Pension obligation bonds; requirements; issuance; purchase................................HB 847
REYNOLDS, HONORABLE STEVE State Transportation Board; election; Eleventh Congressional District..........................................................................................Page 161
RICHARDS, HORACE L.; commend..........................................................................HR 35
RICHMOND COUNTY Augusta-Richmond County; certain meetings; mandatory attendance.................HB 336 Augusta-Richmond County Human Relations Commission; commend.................HR 347 Augusta-Richmond County; mayor and commission; vacancies............................ SB 167 Board of education and superintendent...................................................................HB 780 Board of education; membership ..............................................................................HB 781 Board of tax assessors; membership ........................................................................HB 652 Certain officials; compensation .................................................................................HB 805 State court personnel.................................................................................................HB 360
RICKENBAKER, HUGH KELLEY, III; compensate.............................................HR 365
RICO, ADAM; commend.............................................................................................. HR 188
RIVERDALE, CITY OF Homestead exemption; raise income ceiling; certain citizens ...............................HB 838
RIVERS AND LAKES Boats on Tugalo Lake; power; limitations; exceptions...........................................HB 183 Certain permits; aquifer storage and retrieval; urge Environmental Protection Division exercise caution in issuance..................... HR 443 Counties and municipalities; rock quarries near water systems; prohibition........................................................................... HB 458 Counties and municipalities; rock quarries; prohibition........................................HB 209 Counties and municipalities; rock quarries; prohibition........................................HB 937 House Lake Lanier Water Quality Study Committee; create ...............................HR 373 House Lake Lanier Water Quality Study Committee; Joint West Georgia River Protection Act Study Committee; create..................SR 184 Joint Water Resources Policy Study Committee; create ........................................HR 372 Joint West Georgia River Protection Act Study Committee; create.....................HR 215 Lake Allatoona Preservation Authority; create ......................................................HB 508 Laura S. Walker Lake; change motor-boating hours..............................................HB 233 Natural Resources, Board of; category I dams; fees ..............................................HB 564 Property abutting lake; certain information; disclosure to buyer.........................HB 443 Surface water permits; aquifer storage or recovery; prohibit ...............................HB 108 Surface water permits; aquifer storage or recovery; prohibitions.........................HB 129 Surface water permits; aquifer storage or recovery; prohibitions........................... SB 48 Water well contractors and drillers; bonds and letters of credit ..........................HB 502
ROACH, SECRESTA A.; condolences......................................................................... HR 74
"ROBERT L. WILLIFORD MEMORIAL HIGHWAY" Designate....................................................................................................................... SR 31
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2867

ROBERTS, MR. AND MRS. E. W., JR.; commend................................................HR 418
ROBINSON, DWAYNE Commend.....................................................................................................................HR 420 Invite to House...........................................................................................................HR 433
ROCK QUARRIES Certain quarrying and manufacturing material; sales tax exemption.................HB 231 Near water systems; prohibit....................................................................................HB 458 Operation; geologic impact study..............................................................................HB 494 Prohibition...................................................................................................................HB 209 Prohibition...................................................................................................................HB 937
ROCKDALE COUNTY Board of commissioners; compensation.................................................................... SB 284 Chief magistrate; salary............................................................................................ SB 279 Conyers-Rockdale Amateur Athletics Authority; change name ............................ SB 209 Coroner; compensation............................................................................................... SB 283 Probate court judge; compensation........................................................................... SB 286 Sheriff; compensation................................................................................................. SB 281 State court judge; salary........................................................................................... SB 285 Superior court clerk; compensation.......................................................................... SB 282 Tax commissioner; salary.......................................................................................... SB 280
ROCKDALE JUDICIAL CIRCUIT Superior court judges; salary supplement............................................................... SB 287
ROCKMART, CITY OF; annex property...................................................................SR 101
RODGERS, JOYCE OUZTS; commend....................................................................HR 402
ROGERS, BOB, SR.; commend..................................................................................HR 241
ROGERS, HONORABLE CARL; committee assignment ......................................Page 44
ROME, CITY OF; recreational facilities authority; create ..................................... HB 711
ROMEE WATERS HIGHWAY; redesignate................................................................SR 109
ROSS, KAREN; commend........................................................................................... HR 668
ROSS, WILL; commend............................................................................................... HR 710
ROSSOLL, HARRY; condolences...............................................................................HR 648
ROUGH, JOHN; commend.......................................................................................... HR 598
"RUBERT HOGAN BRIDGE"; designate................................................................HR 209
RUTHERFORD, HARRIS L. (LEON); commend...................................................HR 670
RYAN, GENERAL MICHAEL E.; commend ........................................................... HR 348
s
"SAFE DRIVERS' AWARENESS DAY"; declare March 8, 1999..........................HR 446
SAFE KIDS OF GEORGIA IN POLK COUNTY AND EYDIE DAVIS; invite to House...............................................................................HR 523
SALES AND USE TAX Amend provisions .........................................................................................................HB 59 Cigarettes; sales and distribution; amend provisions ............................................HB 752 Contractors; eliminate certain withholding.............................................................HB 592 Education funding; impose state-wide 1% sales tax - CA.......................................HR 11 Education funding; repeal ad valorem tax; impose 2% sales tax - CA....................HR 9 Exempt certain diabetic monitoring equipment......................................................HB 551 Exempt certain digital broadcast equipment..........................................................HB 995 Exempt certain dyed diesel fuel...............................................................................HB 528
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SALES AND USE TAX (Continued) Exempt certain gas sales ............................................................................................HB 54 Exempt certain grass sod..........................................................................................HB 901 Exempt certain machinery and components ...........................................................HB 161 Exempt certain quarrying and manufacturing material........................................HB 231 Exempt certain sales to volunteer fire departments..............................................HB 123 Exempt certain vending machine sales ...................................................................HB 479 Exempt electricity for crop irrigation.........................................................................HB 82 Exempt food sales to day-care facility .......................................................................HB 22 Exemption of certain motor fuels; amend provisions...............................................HB 57 Exemptions; housing authorities; certain nonprofit organizations; wheelchairs; gas............................................................................ HB 567 Exemptions; housing authorities; certain religious organizations; certain nonprofit organizations; wheelchairs; gas ..................... HB 568 Exempt nonprescription drugs..................................................................................HB 322 Exempt sales to housing authorities........................................................................HB 299 Exempt wheelchairs and certain related equipment................................................HB 46 Gradual increase; income tax; gradual reduction and abolishment .......................HB 14 Joint county and municipal sales tax; distribution requirements ........................HB 355 Kerosene and gasoline pumps; certain tax information; require decals ..............HB 741 Library materials; exempt certain nonprofit organizations...................................HB 156 Local option sales tax; certain counties; prohibit certain reduction of proceeds................................................................................ HB 537 Sales tax; certain educational purposes; authorize - CA.......................................HR 641 Special county 1% sales tax; consolidated governments........................................HB 625 Special county 1% sales tax; hospital or indigent patient care services.............................................................................................. HB 626 Special county 1% sales tax; major capital equipment..........................................HB 618 Tax executions; liens and lienholders; transfers; security interests; tax deeds..................................................................................SB 169 Tourism; high-tech products; certain tax credits....................................................HB 757 Urban transit systems; define certain term; exempt certain sales of art .............HB 55
SANDY SPRINGS, CITY OF; incorporate...................................................................HB 1
SAVANNAH, CITY OF Homestead exemption ................................................................................................HB 965 Homestead exemption..............................................................................................HB 1024
"SAVANNAH DAY" IN GEORGIA; declare February 2, 1999 .............................. HR 172
SAVANNAH ST. PATRICK'S DAY PARADE COMMITTEE Invite chairman, grand marshal, and representatives to House ..........................HR 251
SAWYER, JOHN B.; commend .................................................................................. HR 730
SCHEMPP, PETER M. G.; commend.......................................................................HR 714
SCHILDECKER, STEVE; condolences..................................................................... HR 136
SCHILDECKER, STEVEN F.; condolences.............................................................. HR 350
SCHOOLS (Also, see Education) Alternative schools; education and attendance requirements...............................HB 114 Attendance; instruction; student behavior; discipline; grants; enrollment; program counts; midterm adjustments; certain juvenile court jurisdiction ....................................SB 72 Buses; load limit.........................................................................................................HB 967 Buses; prohibit riding while standing......................................................................HB 280 Buses; require passenger seat belts ...........................................................................HB 42 Certain drug or tobacco use; random testing..........................................................HB 993 Certain schools; low-wealth capital outlay grants ..................................................HB 149
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2869

SCHOOLS (Also, see Education) (Continued) Children adjudicated delinquent; information provided to school principals ................................................................................ HB 302 Driver training; certain provisions; exclude certain schools..................................HB 343 Education; public school disciplinary tribunals ........................................................ SB 35 Educational grants; public tuition assistance; private schools..............................HB 195 High schools; interscholastic sports events; charter requirements.......................HB 798 HOPE scholarships; redefine "eligible high school"................................................HB 305 House Study Committee on School Absenteeism; create.......................................HR 357 House Study Committee on School Support Personnel; create.............................HR 329 Improved Student Learning Environment and Discipline Act of 1999; enact................................................................................ HB 605 In-school suspension; parental notification .............................................................HB 589 Parents choose school within system .......................................................................HB 538 Persons age 18 by September 1; prohibit enrollment ............................................HB 550 Pre-kindergarten enrollment; child of teacher or employee ..................................HB 927 Prohibit razor blades on school property; local boards adopt anti-bullying policies; certain school security personnel carry firearms............................................................... HB 84 Public schools; driver training; impose fee to fund - CA.......................................HR 643 School safety plans; emergency management; funding assistance; training......... SB 74 Schools, colleges, and universities; urge voluntary change of certain mascots....................................................................................... HR 85 School security personnel; authority to carry firearms.......................................... SB 152 School security personnel; law enforcement powers...............................................HB 996 School security personnel; local boards authorize carrying of firearms.................HB 41 School social workers; funding.................................................................................. SB 101 Student codes of conduct............................................................................................. SB 49 Student discipline reports; file with State Board of Education............................HB 628 Student honors program; include home study programs....................................... SB 112 Students arrested on premises; prohibit return on same day ..............................HB 987 Students enrolled in certain programs; program counts .........................................HB 38
SCOTT, KEVIN NELSON; commend....................................................................... HR 686
SCBEVEN COUNTY State service delivery regions; reclassify certain counties.....................................HB 755
SEARCHES AND SEIZURES Bail enforcement agents; licensing and regulation.................................................HB 386 Bail recovery agents; regulation.................................................................................HB 80 Controlled substances; dangerous drugs; use and disposition ..............................HB 864 Sexual offenses; vehicle used in prostitution.......................................................... SB 148
SEAT BELTS Amend provisions .......................................................................................................HB 465 Child safety restraints; certain violations; points; driver's license suspension ....................................................................... HB 444 Children under age four; redefine "passenger vehicle"..........................................HB 916 Children under age four; sport utility and all terrain vehicles............................ SB 211 Failure to use; not considered as evidence of causation or to calculate damages ....................................................................... HB 727 Include certain pickup trucks...................................................................................HB 533 Nonrestraint of certain children; define offense .....................................................HB 338 School buses; require passenger seat belts ...............................................................HB 42
SECKINGER, CALVIN; condolences......................................................................... HR 672
SECKINGER, JAMES O.; commend.........................................................................HR 396
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2870

INDEX

SECRETARY OF STATE Communication............................................................................................................ Page 1 Cooperative library projects; certain agencies; funding .........................................HB 576 Corporations; certain electronic documents; amend provisions.............................HB 682 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission............. HB 224 Examining boards; amend provisions ......................................................................HB 734 State examining boards; require members reside in state....................................HB 351 State Properties Commission; membership; include Secretary of State ..............HB 158
SECURITIES Child support or educational loans; noncompliance; certain investment professionals; prohibit registration..................................... HB 230 Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission ........... HB 224 Corporations; merger and share exchange; redefine "beneficial owner"..............HB 223 Corporations; preferred stock; powers of board ......................................................HB 225 Public Employees' Portable Retirement; 401(k) accounts ....................................HB 1094 Public Employees' Retirement 401(k) Plan; establish............................................HB 440 Public Employees' Retirement 401(k) Plan; establish............................................HB 493 Retirement Savings Protection Act; enact...............................................................HB 342 Uniform Transfer on Death Security Registration Act; enact ..............................HB 667 Uniform Transfer on Death Security Registration Act; enact................................ SB 12
SECURUS HOUSE IN CLAYTON COUNTY; commend ......................................HR 481
SENATE Daily expense allowance............................................................................................HB 475 Environmental legislation; require fiscal note........................................................HB 535 Final ten days of session; enact only repealers and appropriations - CA ............................................................................................... HR 478 Final 20 days of session; enact only repealers and appropriations - CA ............................................................................................... HR 476 Four-year terms - CA.................................................................................................HR 168 General Assembly; membership and apportionment..............................................HB 464 Georgia Rail Passenger Overview Committee; membership..................................HB 455 Legislative Retirement; certain members; membership.........................................HB 859 Members' compensation.............................................................................................HB 100 Nonpartisan election ..................................................................................................HB 491 Notify Senate; House convened ....................................................................................HR 2 Pages; urge compensation increase ..........................................................................HR 725 Reapportion districts 1, 2, 34, and 44..................................................................... SB 109
SENIOR WEEK AT THE CAPITOL; recognize........................................................ HR 77
SENTENCING Certain sentences; serve in entirety; General Assembly provide - CA................HR 645 Controlled substances; certain convictions; prohibit appeal bond ........................HB 500 Crimes against police, firefighter, or emergency medical technician; sentencing.............................................................................. SB 120 Georgia Racial Justice Act; enact.............................................................................HB 137 Homicide by vehicle while driving under the influence; life imprisonment or death...................................................................... HB 4 Murder resulting from controlled substance violations; offense; penalties................................................................................. HB 220 Probation; crimes against children; eliminate two-year limit............................... SB 126 Serious felony; define; sentencing requirements...................................................HB 1065 Suspended sentences; additional fees ...................................................................... SB 218
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2871

SEQUOYAH HIGH SCHOOL WRESTLING TEAM; commend........................... HR 516
SEXUAL OFFENSES Child molestation; include certain telephone conversations..................................HB 712 Computer Pornography and Child Exploitation Prevention Act; enact; contributing to the delinquency of a minor; penalties ........................................................................ HB 213 Extensive revision of provisions .............................................................................HB 1074 House Study Committee on Sexual Abuse of Children; create.............................HR 294 Invasion of privacy; unauthorized videotaping of another; prohibit.....................HB 984 Rape or aggravated sodomy; victim under age 12; penalties................................HB 116 Rape; redefine offense; female under age ten.........................................................HB 249 Sexual exploitation of children; define offense; penalties......................................HB 226 Sexual harassment; right of action; provisions.......................................................HB 311 Sexual offender registry; registrations; hearings; board........................................ SB 105 Vehicle used in prostitution; seizure........................................................................ SB 148
SHAPIRO, BETH; invite to House.............................................................................. HR 25
S.H.A.R.E. HOUSE, INC.; commend.........................................................................HR 307
SHAW, HONORABLE JAY; committee assignment................................................Page 44
SHAW, ROBERT; condolences.................................................................................... HR 156
SHEFFIELD, WALTER FRANKLIN; commend..................................................... HR 646
SHERIFFS Bail bondsmen and bail recovery agents; amend provisions.................................HB 236 Bail recovery agents; regulation.................................................................................HB 80 Certain records; electronic storage and retrieval...................................................HB 235 Georgia Sheriffs' Cooperative Authority; create ...................................................HB 1073 Judicial sales; publication of notices; official organs; amend provisions...................................................................................... HB 782 Qualifications; amend provisions..............................................................................HB 687 Retirement; certain prior service; creditable service..............................................HB 392 Retirement; spousal death; increase benefit...........................................................HB 393
SILOAM, TOWN OF; mayor and council; concurrent terms.................................. HB 710
SILVER-HAIRED LEGISLATURE; commend.......................................................... HR 66
SUMMONS, SCOTT FREEMAN; commend .............................................................HR 502
SIMPSON, BRANDI JEAN; commend.......................................................................HR 67
SINYARD, DAVID EDWARD; commend.................................................................. HR 651
SKROBKO, ANDREW; commend..............................................................................HR 225
SKYELITE JAZZ BAND OF SAVANNAH ARTS ACADEMY; commend...............................................................................................HR 579
SLAUGHTER, JASPER EUGENE; condolences.....................................................HR 316
SLOSHEYE TRAIL BIG PIG JIG State's Official Barbecue Cooking Contest; commend............................................HR 467
SMALLEY, JAMES RUFUS; commend.................................................................... HR 715
SMITH, DAVID; condolences...................................................................................... HR 391
SMITH, DR. HENRY WILDER; commend..............................................................HR 322
SMITH, JERRY A.; commend....................................................................................HR 405
SMITH, REVEREND AND MRS. ARTHUR H.; commend.................................... HR 46
SMITH, WORDIA MAE; condolences........................................................................HR 722
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SMYRNA OPTIMIST CLUB; commend...................................................................HR 463
SNELLVILLE, CITY OF Corporate limits; municipal offices; mayor and council.........................................HB 871 Homestead exemption; certain residents.................................................................HB 412
SOCIAL SERVICES Child-placing agencies; day-care centers and homes; employees; records and fingerprint records checks; licenses; fees; ratify National Crime Prevention and Privacy Act ....................SB 165 Community Health, Department of and Board of; Office of Women's Health....................................................................................... SB 241 Contraceptives for spontaneous abortion; prohibit certain distribution...............HB 428 Day-care center employees; records check; state and national fingerprint records check.................................................................. HB 30 Day-care or foster home applicants; fingerprinting; ratify National Crime Prevention and Privacy Act............................................ HB 298 Essential Rural Nonemergency Transportation Provider Access Act; enact....................................................................................HB 315 Foster home applicants; fingerprinting; ratify National Crime Prevention and Privacy Act...................................................... HB 751 Foster homes; licensing; require submission of fingerprints .................................HB 750 Fulton-DeKalb Hospital Authority; urge continuance of programs for needy...................................................................... HR 578 Georgia Welfare to Work Tax Credit; enact ............................................................HB 598 Grady Health System Inc; reduced or free services; urge Fulton County Commission coordinate efforts........................... HR 577 Human Resources, Department of; foster and adoptive homes; certain adult conviction data ....................................................SB 102 Indigent Care Trust Fund; require use in accordance with law ..........................HB 375 Indigent; habeas corpus petitioners; clerk funding ................................................HB 215 Lottery prizes; recovery of certain public assistance .............................................HB 485 Medical assistance; certain hospital emergency claims; payment ........................HB 705 Medical assistance; inpatient hospital claims; payment ........................................HB 631 Medical assistance; range of benefits; payment amounts......................................HB 914 Medicare; certain recipients; prescription drug reimbursement .........................HB 1069 Mental health; children and adolescents; resources to provide service ...............HB 492 Nursing facility child care centers; provisions........................................................HB 575 Prisoner litigation reform; habeas corpus; actions in forma pauperis................. SB 115 Special county 1% sales tax; hospital or indigent patient care services............................................................................... HB 626 Special plates; Year 2000 Children's Plate.............................................................. SB 253 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 463 Temporary assistance for needy families; qualified aliens.................................... SB 110
SOUTH FULTON COUNTY LEGISLATIVE DAY AT THE CAPITOL; recognize February 11, 1999 ................................................HR 281
SOUTHSIDE SAVANNAH RAIDERS; commend................................................... HR 566
SOUTHWEST GEORGIA ACADEMY WARRIORS FOOTBALL TEAM; invite to House........................................................................HR 50
SOUTHWESTERN JUDICIAL CIRCUIT; add judge............................................ HB 292
SPALDING COUNTY Board of commissioners; compensation....................................................................HB 900 Griffin-Spalding County Board of Education; compensation.................................HB 956
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2873

SPEAKER OF HOUSE Communications.......................................................................Pages 44, 45, 145, 159, 162 Election......................................................................................................................... Page 6
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS Audiologists; licensing exemption; certain infant screening..................................HB 717 Definitions; board meetings; licenses....................................................................... SB 133
SPELMAN COLLEGE; commend..............................................................................HR 464
SPORTS High schools; interscholastic sports events; charter requirements.......................HB 798 Officials; assault or battery against; define offense...............................................HB 265 Schools; certain drug or tobacco use; random testing............................................HB 993 Ski Area Safety Act; enact........................................................................................HB 517 Sports Hall of Fame Authority; membership............................................................ SB 76 State-owned golf courses; require sale.....................................................................HB 807 Ticket sales; certain athletic and entertainment events; amend provisions...................................................................................... HB 331
SPORTS, MRS. E. W.; commend...............................................................................HR 148
SPRINGFIELD, CITY OF; recognize bicentennial celebration ............................... HR 15
ST. ANDREWS SCHOOL SAINTS Football team; commend............................................................................................HR 149 Soccer team; commend...............................................................................................HR 654
STALKING Bully Law; enact........................................................................................................HB 227 Certain restraining orders; contempt; exclusion.....................................................HB 671 Prohibit certain communications ............................................................................HB 1097
STANCIL, HONORABLE FRANK EARL, SR.; invite to House ......................... HR 255
STANDARD TRUCK AND EQUIPMENT CO., INC.; commend......................... HR 220
STANFORD MEEKS ROAD; recognize honorary designation .............................. HR 702
STANFORD, VICKIE; commend ............................................................................... HR 540
STATE BOXING AND WRESTLING COMMISSION Georgia Boxing Commission' name; powers; permits; boxing registry.................HB 740 Georgia Boxing Commission; name; powers; permits; boxing registry................ SB 205
STATE COURTS OF COUNTIES Civil and criminal cases; filings and dispositions information ............................. SB 176 Judges; qualifications; increase experience requirement .......................................HB 552 Legal proceedings; request elected judge of superior or state court ....................HB 640 State court judges; increase law practice requirement - CA.................................HR 268 State Court of Fulton County; judges and solicitors-general; Judicial Retirement System................................................... HB 689
STATE EMPLOYEES Certain overtime compensation; prohibit waiver..................................................HB 1080 Deferred compensation; amend provisions ..............................................................HB 300 Grievance system; amend provisions .......................................................................HB 677 Health insurance; certain employees; amend provisions .......................................HB 301 Health insurance; changes conform to Administrative Procedure Act.................HB 668 Health insurance fund; investments and withdrawals ............................................HB 43 Health insurance plan; include certain public retirees..........................................HB 566 Judicial Retirement; certain employees; membership............................................HB 919 Judicial Retirement; certain transfer of membership to Employees' Retirement System................................................ HB 1046 Natural Resources, Department of; certain
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2874

INDEX

STATE EMPLOYEES (Continued) employees; delete benefits exemption.................................................................. HB 754
Public Employees' Portable Retirement; 401(k) accounts ....................................HB 1094 Public Employees' Retirement 401(k) Plan; establish............................................HB 440 Public Employees' Retirement 401(k) Plan; establish............................................HB 493 Public Retirement Systems Investment Authority Law; enact.............................HB 617 Public retirement systems; minimum funding
standards; comply with federal law..................................................................... HB 616 Public Safety Employees' Twenty-Year Retirement Plan; create........................HB 1033 Retirement; certain appellate court secretaries; creditable service......................HB 988 Retirement; certain county employees; creditable service .....................................HB 975 Retirement; certain county employees; creditable service...................................HB 1052 Retirement; certain county employees; creditable service ...................................HB 1090 Retirement; certain Department of Natural
Resources employees; service credit................................................................... HB 1092 Retirement; certain district attorney investigators;
creditable service.................................................................................................... HB 654 Retirement; certain judicial circuit employees; membership.................................HB 766 Retirement; certain school system employees; creditable service.........................HB 772 Retirement; certain tax officials; age plus creditable service................................HB 390 Retirement; creditable service; prior part-time service..........................................HB 457 Retirement; define certain term...............................................................................HB 569 Retirement; Public Safety; Training Center;
Georgia Emergency Management Agency; certain employees.........................HB 614 Retirement; service credit; certain military service .............................................HB 1091 Retirement; temporary full-time employees; creditable service ............................HB 767 Retirement; transfer certain contributions to
Judicial Retirement System..................................................................................HB 543 Retirement; 31 years service.....................................................................................HB 202 Retirement; 32 years service.....................................................................................HB 207 Retirement; 33 years service.....................................................................................HB 198 State offices; telephones; immediate contact with live human being...................HB 862 Tax collectors and commissioners; compensation; additional increase.................HB 627
STATE GOVERNMENT Administrative Services, Department of; commissioner's salary; governor set..................................................................... HB 100 Budget units; performance audits............................................................................HB 194 Certain meetings; agenda and affidavit...................................................................HB 278 Certain vehicles; identifying markings....................................................................HB 648 Claims Advisory Board; exclude certain small claims from payment...................... SB 9 Claims against state; amend provisions..................................................................HB 815 Commissioners of banks and banking, corrections, revenue, and administrative services; Pardons and Paroles Board members; state auditor; salary determination............................ SB 248 Electronic Commerce Study Committee; recreate .................................................... SB 61 Firearms; certain civil actions; reserve right to state............................................HB 189 Georgia Aviation Hall of Fame; designate as official repository for aviation history.................................................................... HB 76 Georgia Commission on Women; absences; residency requirement......................HB 658 Georgia Tort Claims Act; make applicable to local governments .......................HB 1076 Georgia; urge designation as State of Character....................................................HR 581 Governor's appointees; reside full-time in state .....................................................HB 349 Industry, Trade, and Tourism, Board of; membership; powers ............................HB 696 Law enforcement records; motor vehicle accident reports; disclosure; prohibitions............................................................................... SB 20 Lawsuits; certain civil action; reserve right to state .............................................HB 267
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INDEX

2875

STATE GOVERNMENT (Continued) Lobbying services; prohibit public funds .................................................................HB 720 Lottery prizes; recovery of certain public assistance .............................................HB 485 Mclntosh Reserve Historical Authority; abolish.....................................................HB 954 Medical College of Georgia; certain settlement proceeds; urge sharing with victims.................................................................... HR 493 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 245 Metropolitan area planning and development commissions; amend provisions.................................................................................................... HB 251 Official Garden and Nature Trail of Georgia; designate .......................................HB 179 Open records; exempt certain cost estimates and bid proposals ..........................HB 250 Pharmaceutical industry and government; act to avert Y2K problems.................HR 98 Public buildings; require display of certain information .........................................HB 87 Public records; amend provisions .............................................................................HB 279 Public records; disclosure; exempt certain 911 records..........................................HB 511 Regional economic assistance projects; criteria; alcoholic beverage sales.......................................................................................... SB 179 Regional Transportation Authority; create................................................................ SB 57 Setoff debt; claimant agencies; collection ................................................................HB 243 Southeastern Railway Museum; official state transportation history museum............................................................................ HB 361 State agencies; sole-source contracts; require appropriation.................................HB 139 State agencies; transactions with certain financial institutions; prohibit................................................................................................ HB 50 State contracts; sovereign immunity; computer failure; authority .......................HB 389 State entities; inventory of buildings; submit to Georgia Building Authority................................................................................... HB 217 State entities; inventory of leased space; submit to Department of Administrative Services.......................................................... HB 630 State examining boards; require members reside in state....................................HB 351 State flag; change design ..........................................................................................HB 163 State medical research institutions; sovereign immunity; certain limited waiver......................................................................... HB 947 State offices; telephones; immediate contact with live human being...................HB 862 State-owned golf courses; require sale.....................................................................HB 807 State Properties Commission; certain purchases; limited exception ....................HB 621 State Properties Commission; membership; include Secretary of State ..............HB 158 State purchases; bid requirements; exceptions; certain publication.....................HB 323 State purchases; certain bidding information; display on Internet ......................HB 319 State service delivery regions; reclassify certain counties.....................................HB 755 State Sovereignty and Federal Tax Funds Act; enact..............................................HB 52 Tobacco Community Development Board; create ....................................................HB 872 Year 2000 Readiness Act; enact................................................................................ SB 230 Y2K computer problems; urge Governor take certain action..................................HR 86
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATE SYMBOLS Museum of National History at University of Georgia; designate as State Museum of National History................................HR 412 Official Garden and Nature Trail of Georgia; designate .......................................HB 179 Southeastern Railway Museum; designate as official state transportation history museum...................................................... HR 437 Southeastern Railway Museum; official state
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2876

INDEX

STATE SYMBOLS (Continued) transportation history museum............................................................................ HB 361
State flag; change design ..........................................................................................HB 163 Thunder Road USA-Georgia Racing Hall of Fame;
official Racing Hall of Fame ................................................................................. HR 207 Thunder Road USA-Georgia Racing Hall of Fame;
official Racing Hall of Fame ................................................................................. HR 265
STATESBORO, CITY OF Franchises; authority to grant..................................................................................HB 924 Mayor and council; terms..........................................................................................HB 925
STEPHENS COUNTY Homestead exemption; certain residents................................................................. SB 275 State court judge and solicitor; compensation ........................................................HB 955 State court; terms; judge and solicitor; compensation...........................................HB 953
STEWART COUNTY Board of commissioners; chairperson.......................................................................HB 806 Magistrate court .......................................................................................................HB 1082
STEWART, JOHN; commend..................................................................................... HR 113
STONE MOUNTAIN, CITY OF Homestead exemption; certain residents.................................................................HB 448
STONELL, EARL CHARLES "BUCK"; condolences .............................................HR 448
STOREY, SHELBY; commend................................................................................... HR 539
STRIPLING, ROBERT C.; compensate...................................................................... HR 47
STROKE AWARENESS MONTH IN GEORGIA; commend ................................ HR 518
STROUD, ERNEST L.; condolences..........................................................................HR 447
STRUCTURAL PEST CONTROL Georgia wood infestation inspection reports; requirements ................................ HB 1029
STUBBS, ROBERT; commend..................................................................................... HR 37
SUBVERSIVE ACTIVITIES Dangerous instrumentalities; prohibit certain instructional communication................................................................................. HB 498 Invasion of privacy; unauthorized videotaping of another; prohibit.....................HB 984
SUGAR HILL, CITY OF; corporate limits...............................................................HB 981
SUICIDE; recognize as state problem........................................................................ HR 445
SUMTER COUNTY; convey property........................................................................ HR 204
SUNDAY SALES Alcoholic beverages; private clubs ............................................................................HB 140 Malt beverages and wine; authorize certain sales ...............................................HB 1083
SUPER BOWL VICTORY AGREEMENT Georgia and Colorado House Speakers....................................................................HR 158
SUPERIOR COURTS Civil and criminal cases; filings and dispositions information ............................. SB 176 Clerks; information recordation; military discharge books......................................HB 67 Clerks; make available certain real estate indices.................................................HB 597 Clerks of court; civil actions; certain forms; prohibition .......................................HB 339 Dams; Department of Natural Resources provide locations to clerks................HB 1051 Law clerks; law assistants; court administrators ...................................................HB 371 Legal proceedings; request elected judge of superior or state court ....................HB 640 Methamphetamine; trafficking; bailable only before superior court.....................HB 408 Proceedings of quia timet; certain notices;
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INDEX

2877

SUPERIOR COURTS (Continued) delete certain signature requirement................................................................... HB 790
Property tax; in rem foreclosures; superior court orders.........................................HB 36
SUPREME COURT Domestic relations; certain cases; appeal to Georgia Supreme Court .................HB 534 Joint session; Governor's message; invite Justices...................................................HR 61 Joint session; message from Chief Justice ..................................................................HR 7 Randolph County; superior court; change terms....................................................HB 811 Terms; ending dates...................................................................................................HB 804
SUWANEE, CITY OF; new charter........................................................................... HB 644
SWIMMING POOLS; public; regulation......................................................................SB 30
T
TALLAPOOSA JUDICIAL CIRCUIT Judges and district attorney; salary supplements.................................................. SB 238
TALLY FARRELL WALKER ROAD; recognize honorary designation................ HR 697
TALLY, FRANCES C.; commend...............................................................................HR 422
TARA AND MEGAN BISHOP INTERSECTION Designate.....................................................................................................................HR 431 Designate....................................................................................................................... SR 77
TATE, WILL; commend............................................................................................... HR 105
TATTNALL COUNTY Convey property .........................................................................................................HR 169 State service delivery regions; reclassify certain counties.....................................HB 755
TATTNALL SQUARE ACADEMY Boys Football Team; invite to House.........................................................................HR 89 Drama Department; invite certain persons to House ..............................................HR 88
TAU SIGMA CHAPTER, KAPPA DELTA PI INTERNATIONAL HONOR SOCIETY IN EDUCATION; commend..............HR 397
TAXATION AND REVENUE Ad valorem tax; appeals; notice; additional information.......................................HB 622 Ad valorem tax; appeals; notice; additional information.......................................HB 624 Ad valorem tax; bona fide conservation use property; additional qualified owners.................................................................... HB 34 Ad valorem tax; bona fide conservation use property; ownership qualifications....................................................................... HB 176 Ad valorem tax; bona fide conservation use property; qualified owner; family owned farm entities...................................... HB 240 Ad valorem tax; certain members of armed forces; exempt vehicles ...................HB 368 Ad valorem tax; certain mobile homes; assessed value 50% of invoice value.................................................................................... HB 623 Ad valorem tax; certain municipal contracts; motor vehicles; former prisoner of war or surviving spouse................................SB 83 Ad valorem tax; certain municipalities; authorize certain contracts....................HB 609 Ad valorem tax; certain property; recording fees.....................................................HB 33 Ad valorem tax deferral; senior citizens; certain counties ....................................HB 619 Ad valorem tax; exempt certain boats, motors, and trailers; referendum...........HB 348 Ad valorem tax; exempt certain farm equipment.....................................................HB 28 Ad valorem tax; exempt certain farm equipment...................................................HB 409 Ad valorem tax; exempt certain homes for the disabled.......................................HB 365 Ad valorem tax; exempt certain personal property..................................................HB 27
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2878

INDEX

TAXATION AND REVENUE (Continued) Ad valorem tax; exempt certain small business inventory......................................HB 29 Ad valorem tax; exempt mechanics' tools................................................................HB 516 Ad valorem tax; exempt property of certain veterans' organizations...................HB 131 Ad valorem tax; exempt small business inventory.................................................HB 364 Ad valorem tax; fair market value; acquisition date - CA........................................HR 1 Ad valorem tax; homeowner's incentive adjustment - CA.....................................HR 269 Ad valorem tax; increase personal property; exempt small boats........................HB 514 Ad valorem tax; levy and millage rate; comprehensive revision of provisions............................................................................................. HB 939 Ad valorem tax; liens; heavy-duty equipment motor vehicles; mobile homes............................................................................... HB 283 Ad valorem tax; limitation; General Assembly provide - CA................................HR 377 Ad valorem tax; local fair share funds; amend provisions....................................HB 523 Ad valorem tax; millage rate; limit certain increase - CA....................................HR 202 Ad valorem tax; millage rate limitation - CA...........................................................HR 10 Ad valorem tax; millage rate limitation - CA...........................................................HR 12 Ad valorem tax; millage rates; amend provisions ..................................................HB 294 Ad valorem tax; millage rates; returns; records; disclosures; appeals; procedures............................................................................ SB 177 Ad valorem tax; mobile homes; eliminate certain decal requirements ................HB 125 Ad valorem tax; motor vehicles and motor homes; tax digest..............................HB 167 Ad valorem tax; new assessment description ........................................................... SB 98 Ad valorem tax; nonprofit corporations; exempt certain leased property............HB 620 Ad valorem tax; nonresident soldiers and sailors; motor vehicle tax situs..........................................................................................HB 441 Ad valorem tax; notice of assessment; amend provisions......................................HB 170 Ad valorem tax; notice of assessment; information and disclosures ....................HB 489 Ad valorem tax; personal property exemption; certain tools...................................HB 20 Ad valorem tax; personal property exemption; certain tools...................................HB 21 Ad valorem tax; personal property exemptions; allow by local law - CA............HR 440 Ad valorem tax; property values; acquisition date - CA........................................HR 152 Ad valorem tax; property values; date of acquisition - CA...................................HR 151 Ad valorem tax; spouse of certain military personnel; homestead exemption.......................................................................... HB 446 Ad valorem tax; tangible property; assessment........................................................HB 64 Ad valorem tax; 20 mill limitation; all school systems - CA ................................HR 125 Ad valorem tax; values established by appeal; increase certain time limit.................................................................................... HB 410 Ad valorem tax; willful failure to pay; 10 percent penalty ...................................HB 383 Amend provisions; Office of Fine Collections; create ...............................................HB 97 Assisted living facilities; enact provisions ...............................................................HB 758 Cigarettes; sales and distribution; amend provisions............................................HB 752 Coin operated amusement machines; revenue; limit percentage of annual income........................................................................SB 193 Conservation use property; family owned farm entities ........................................HB 240 County boards of equalization; certain appeals; burden of proof .........................HB 347 County excise tax; severance of solid minerals ......................................................HB 208 County excise tax; severance of solid minerals ......................................................HB 480 Education funding; impose state-wide 1% sales tax - CA.......................................HR 11 Employees' Retirement; certain tax officials; age plus creditable service....................................................................................HB 390 Excise tax; certain counties and municipalities; authorize levy...........................HB 558 Excise tax; certain motor fuels; levy and rate..........................................................HB 63 Excise tax; hotels and motels; amend provisions ...................................................HB 499 Excise tax; trails or walkways; extend certain date ..............................................HB 241
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INDEX

2879

TAXATION AND REVENUE (Continued) General bills increasing revenue; two-thirds vote required - CA...........................HR 58 Georgia Welfare to Work Tax Credit; enact ............................................................HB 598 Homestead exemption; certain senior citizens; applicable taxes ..........................HB 169 Homestead exemption; disabled veterans; clarify exemption amount..................HB 684 Homestead exemption; equal to state ad valorem tax...........................................HB 168 House Property Tax Study Committee; create..........................................................HR 87 Income tax; amend provisions ....................................................................................HB 66 Income tax; certain credits; transfer duties to revenue commissioner.................HB 524 Income tax; certain debts; authorize setoff against refund...................................HB 582 Income tax; certain disaster assistance.....................................................................HB 92 Income tax; certain gross income omission; delete assessment............................ HB 320 Income tax; certain liability on joint returns; provide relief.................................HB 422 Income tax; corporations; amend provisions .............................................................HB 81 Income tax credit; active members of Georgia National Guard ...........................HB 607 Income tax credit; certain corporations; assignment to affiliated corporation......................................................................................... HB 438 Income tax credit; certain disaster assistance..........................................................HB 96 Income tax credit; certain driver education programs.............................................HB 95 Income tax credit; certain low-income housing; certain capital gain...................HB 272 Income tax credit; certain qualified child care expenses.......................................HB 583 Income tax credit; certain tobacco settlement proceeds.........................................HB 204 Income tax credit; employer provided or sponsored child care; depreciation.......................................................................................... HB 610 Income tax credit; federal qualified transportation fringe benefits......................HB 147 Income tax credit; qualified educational expenses .................................................HB 275 Income tax credits; certain low-emission vehicles; certain electric chargers........................................................................................ HB 801 Income tax; dependent deductions; amend provisions .............................................HB 35 Income tax; exempt certain Holocaust benefits......................................................HB 385 Income tax; exempt certain rewards........................................................................HB 293 Income tax; exempt retirement income ...................................................................HB 325 Income tax; gradual reduction and abolishment........................................................HB 2 Income tax; gradual reduction and abolishment....................................................HB 191 Income tax; gradual reduction and abolishment....................................................HB 291 Income tax; gradual reduction and abolishment ..................................................HB 1068 Income tax; gradual reduction and abolishment; sales tax; gradual increase...................................................................................... HB 14 Income tax; increase retirement income exclusion.................................................HB 447 Income tax; joint returns; retirement income exclusion ........................................HB 601 Income tax; liability on joint returns; innocent spouse relief...............................HB 556 Income tax; Nazi persecution victims; exclude reparation income.....................HB 1058 Insurance; fees and taxes; amend provisions........................................................HB 1085 Insurance premium taxes; residents of military facilities; require certain agreement.................................................................... HB 890 Insurance premiums; state tax computation; abatement or reduction ..............HB 1057 Intangible recording tax; long-term notes; amend provisions.................................HB 62 Intangible tax; certain financial institutions; amend provisions............................HB 61 Joint county and municipal sales tax; distribution requirements........................ HB 355 Lawsuits; certain civil action; reserve right to state .............................................HB 267 Local governments; homeowner tax relief grants...................................................HB 611 Local governments; homeowner tax relief grants; ad valorem tax credits..........HB 553 Local option sales tax; certain counties; prohibit certain reduction of proceeds................................................................................ HB 537 Motor vehicles; registration periods; International Registration Plan; apportionable vehicles; fees .................................................. HB 439
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2880

INDEX

TAXATION AND REVENUE (Continued) Occupation taxes and regulatory fees; amend provisions; coin operated amusement machines .................................................................... HB 459 Property; certain tax values; amend provisions......................................................HB 296 Property; fair market value; leases not considered................................................HB 120 Property Tax Credit Act of 1999; enact...................................................................HB 434 Property tax; in rem foreclosures; superior court orders.........................................HB 36 Public buildings; require display of certain information .........................................HB 87 Real estate transfer tax; certain instruments; amend provisions...........................HB 65 Revenue Code; conform to federal code; joint returns; innocent spouse relief.............................................................................................. HB 56 Revenue, Commissioner of; salary; governor set....................................................HB 100 Sales tax; amend provisions........................................................................................HB 59 Sales tax; certain educational purposes; authorize - CA.......................................HR 641 Sales tax; contractors; eliminate certain withholding............................................HB 592 Sales tax; exempt certain diabetic monitoring equipment ....................................HB 551 Sales tax; exempt certain digital broadcast equipment.........................................HB 995 Sales tax; exempt certain dyed diesel fuel..............................................................HB 528 Sales tax; exempt certain gas sales ...........................................................................HB 54 Sales tax; exempt certain grass sod.........................................................................HB 901 Sales tax; exempt certain machinery and components..........................................HB 161 Sales tax; exempt certain motor fuels; amend provisions .......................................HB 57 Sales tax; exempt certain quarrying and manufacturing material ......................HB 231 Sales tax; exempt certain sales to volunteer fire departments.............................HB 123 Sales tax; exempt certain vending machine sales..................................................HB 479 Sales tax; exempt electricity for crop irrigation .......................................................HB 82 Sales tax; exempt food sales to day-care facility......................................................HB 22 Sales tax; exempt housing authorities; certain nonprofit organizations; wheelchairs; gas ........................................................... HB 567 Sales tax; exempt housing authorities; certain religious organizations; certain nonprofit organizations; wheelchairs; gas ..................... HB 568 Sales tax; exempt library materials; certain nonprofit organizations..................HB 156 Sales tax; exempt nonprescription drugs.................................................................HB 322 Sales tax; exempt sales to housing authorities ......................................................HB 299 Sales tax; exempt wheelchairs and certain related equipment ..............................HB 46 Sales tax; urban transit systems; definitions; exempt certain sales of art..................................................................................... HB 55 Secretary of State; examining boards; amend provisions ......................................HB 734 Setoff debt; claimant agencies; collection ................................................................HB 243 Spanish American War Tax; urge Congress repeal................................................HR 368 Special county 1% sales tax; consolidated governments........................................HB 625 Special county 1% sales tax; hospital or indigent patient care services.............................................................................................. HB 626 Special county 1% sales tax; major capital equipment..........................................HB 618 State budget; limit growth; excess revenue uses - CA ............................................HR 81 State revenue commissioner; salary determination................................................ SB 248 Summons; waiver of service; amend provisions......................................................HB 708 Tax assessment; increase; notice of justification ....................................................HB 246 Tax assessment; appraisers; inspection of property ...............................................HB 346 Tax collectors and commissioners; compensation; additional increase.................HB 627 Tax collectors and commissioners; independent audits..........................................HB 504 Tax executions; liens and lienholders; transfers; security interests; tax deeds.................................................................................. SB 169 Tax relief; authorize General Assembly provide by law - CA.................................HR 59 Taxable net income brackets; annual adjustments ..................................................HB 15 Taxable net income; capital gains exclusion ...............................................................HB 3
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INDEX

2881

TAXATION AND REVENUE (Continued) Taxes; certain interest; disposition...........................................................................HB 518 Taxes; forms of payment; amend provisions .............................................................HB 60 The Victims' Reimbursement Act of 1999; enact....................................................HB 470 Tourism; high-tech products; certain tax credits ....................................................HB 757 Treasury and Fiscal Services, Office of; certain deposits; time limit...................HB 222
TAYLOB, ALLISON OLMSTEAD; commend..........................................................HR 132
TAYLOR COUNTY; building authority; additional power.......................................SB 278
TAYLOR, JERRY A.; commend................................................................................. HR 390
TEACHERS (Also, see Education) End-of-course exams; student performance goals...................................................HB 308 Health insurance; certain school employees and state employees; amend provisions...................................................................... HB 301 Improved Student Learning Environment and Discipline Act of 1999; enact................................................................................ HB 605 Midterm adjustments; training and experience........................................................HB 16 Midterm adjustments; training and experience......................................................HB 142 Pre-kindergarten enrollment; child of teacher or employee ..................................HB 927 Professional Standards Commission; amend provisions ........................................HB 945 Public Employees' Retirement 401(k) Plan; establish............................................HB 493 Public school disciplinary tribunals ........................................................................... SB 35 Retirement; beneficiaries; benefits increase ..........................................................HB 1037 Retirement; board provide survivors benefit...........................................................HB 761 Retirement; certain creditable service; military service interruption...................HB 908 Retirement; certain creditable service; National Science Foundation ..................HB 707 Retirement; certain early retirement penalty; eliminate.......................................HB 526 Retirement; certain overseas schools; creditable service .......................................HB 978 Retirement; certain prior service; creditable service..............................................HB 357 Retirement; classroom teachers; early retirement ..................................................HB 756 Retirement; creditable service; certain private schools........................................HB 1028 Retirement; define certain term...............................................................................HB 570 Retirement; early retirement; reduce penalty.........................................................HB 255 Retirement; maximum creditable service; 40 years plus unused sick leave......................................................................................... HB 1027 Retirement; membership; amend provisions ...........................................................HB 835 Retirement; membership; amend provisions ...........................................................HB 999 Retirement; service in General Assembly; creditable service..............................HB 1043 Retirement; wrongfully paid benefits; reimbursement........................................... SB 143 Schools; construction project teams; include educator...........................................HB 698 Teachers disabled or killed by act of violence; benefits.........................................HB 358 Teaching certificate; grades K-3; certain required courses.................................... SB 182
TELEPHONE AND TELEGRAPH SERVICE Child molestation; include certain telephone conversations..................................HB 712 Commerce and trade; electronic business communication; prohibit recording....................................................................... HB 797 Emergency management; 911 Advisory Committee................................................. SB 51 Emergency Telephone System Fund; allow certain payments..............................HB 411 Emergency 911 system; certain costs; authorize payment.................................... SB 138 Emergency 911; wireless service suppliers; charges .............................................. SB 170 Highways; emergency call boxes; place along I-75.................................................HB 309 Motor vehicles; radios and phones; due care of driver..........................................HB 310 Pagers; service providers; maintain certain phone records.....................................HB 72 Penal institutions; telephones; amend provisions...................................................HB 659 Public Service Commission; basic local
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2882

INDEX

TELEPHONE AND TELEGRAPH SERVICE (Continued) exchange calling areas; amend provisions........................................................... HB 507
Stalking; prohibit certain communications............................................................HB 1097 State offices; immediate contact with live human being.......................................HB 862 Telecommunications companies; services by third parties..................................... SB 178 Telephone solicitation; caller state business name and number...........................HB 542 Telephone solicitation; certain calls; prohibit recording...........................................HB 69 Telephone solicitation; prohibited calls;
exclude certain brokers or agents ........................................................................ HB 432
TELEVISION Cable television; easements; landlord and tenant; tenants' choice of cable service ............................................................... HB 669 Certain digital broadcast equipment; sales tax exemption ................................... HB 995 Local Government Cable Fair Competition Act; enact........................................... SB 240 Telecommunications companies; services by third parties..................................... SB 178 Tourism; high-tech products; certain tax credits....................................................HB 757
TERRORISM Dangerous instrumentalities; prohibit certain instructional communication................................................................................. HB 498
THAMES, DASIE S.; commend..................................................................................HR 338
THE PRESERVERS AT STEPHENS COUNTY MIDDLE SCHOOL; commend..................................................................................................HR 344
THEFT Income tax; Nazi persecution victims; exclude reparation income.....................HB 1058 Municipal courts; shoplifting; increase jurisdictional amount................................. SB 63 Shoplifting; misdemeanor offense; municipal court jurisdiction ...........................HB 242
THOMAS COUNTY Board of commissioners; compensation; officers .....................................................HB 691 Emergency services board; create.............................................................................HB 692
THOMAS FAMILY REUNION; commend ............................................................... HR 676
THOMAS, WILL; condolences .................................................................................... HR 318
THOMPSON, LAURA; commend............................................................................... HR 537
THOMPSON, PAUL EDWARD, JR.; commend......................................................HR 143
THORNTON, TERRI; commend................................................................................ HR 597
THRASH, ELMORE CALLAWAY Condolences; invite family to House..........................................................................HR 90
THRIFT, REVEREND T. N. "PETE"; commend....................................................HR 726
THRIFT, TFC G. W. Commend.....................................................................................................................HR 363 Commend.....................................................................................................................HR 393
THUNDERBOLT, TOWN OF Homestead exemption................................................................................................HB 952 Town administrator; repeal provisions..................................................................... SB 258
TIFT COUNTY; board of commissioners; compensation ..........................................SB 288
TIGNALL, TOWN OF; mayor and council; staggered terms ................................. HB 986
TIPPEVS, WILLIAM LAWRENCE AND OTIS NELL PRITCHARD; condolences.......................................................................................HR 468
TITUS LAVON ALTMAN ROAD; recognize honorary designation ...................... HR 571
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2883

TOOMBS TAYLOR MORGAN MEMORIAL BRIDGE Designate.....................................................................................................................HR 621
TORBERT, DAVID; commend ................................................................................... HR 595
TORTS Abusive litigation; frivolous actions and defenses; amend provisions................HB 1070 Georgia Tort Claims Act; make applicable to local governments .......................HB 1076 Patient's Right to Independent Review Act; enact.................................................HB 732 Psychologists, physicians, professional counselors, social workers, and marriage and family therapists; duty of care................... HB 237 Structured settlement payment rights; regulate transfer; disclosure; right of recission...................................................................SB 130
TOURISTS House Tourism Advertising Study Committee; create ...........................................HR 442 Ski Area Safety Act; enact........................................................................................HB 517 Tourism; high-tech products; certain tax credits ....................................................HB 757
TOWALIGA JUDICIAL CIRCUIT Create.......................................................................................................................... SB 117 Judges and district attorneys; salary supplement.................................................. SB 208
TOWNS COUNTY; grant easement...........................................................................HR 119
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries) Certain capital projects; authorize participation ....................................................HB 585 Certain cost estimates and bid proposals; open records exemption.....................HB 250 Earl M. Baggs Highway; designate..........................................................................HR 195 Enforcement officers; drug detection dogs; certain enforcement powers .............HB 520 Highways; emergency call boxes; place along 1-75.................................................HB 309 Professional engineers and land surveyors; certification; exempt certain employees...............................................................HB 400 Public Safety, Department of; Commercial Vehicle Safety and Inspection Division............................................................................. HB 971 State Board; call for election of member from Eleventh Congressional District........................................................................... Page 47 State Board; call for election of member from Tenth Congressional District ................................................................................Page 46 State Board; election; Honorable James L. Lester; Tenth Congressional District ..............................................................................Page 160 State Board; election; Honorable Steve Reynolds; Eleventh Congressional District.........................................................................Page 161 State Board; General Assembly set term of office - CA..........................................HR 30 State Board; membership terms...............................................................................HB 119 Transportation grants; speed humps; prohibit consideration................................HB 324
TRESPASSING Damage to property; when cause of action accrues ...............................................HB 837 Entering dwelling of another; penalty .......................................................................HB 12 Magistrate courts; amend provisions .......................................................................HB 304 Magistrate courts; ordinances; criminal trespass; imprisonment .........................HB 153
TRIALS; appeals; grounds for dismissal; exclusion.................................................. HB 341
TRION, CITY OF; homestead exemption; certain residents .................................. HB 721
TROUP COUNTY; coroner and chief deputy; compensation.................................. HB 730
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2884

INDEX

TRUSTS (Also, see Wills, Trusts, and Administration of Estates) Community trusts; death of life beneficiary; distribution of proceeds....................................................................................... HB 1026 Financial institutions; lawyers' trust accounts; certain duties .............................HB 435 Indigent Care Trust Fund; require use in accordance with law ..........................HB 375 Motor vehicles; redefine 'person'...............................................................................HB 421 Public schools; driver training; impose fee to fund - CA.......................................HR 643 State Children's Trust Fund and Commission; date of repeal .............................HB 713 Supplemental appropriations; FY 1998-99; Department of Labor........................HB 474 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 463 Underground storage tanks; trust fund; fees; Environmental Protection Division's powers....................................................... HB 185 Uniform Transfer on Death Security Registration Act; enact................................ SB 12
TUCKER, DIANE PATRICE; commend................................................................... HR 353
TURPIN, WARDEN TONY A.; commend................................................................. HR 586
TWIGGS COUNTY Board of commissioners; compensation; expenses ..................................................HB 555
TYBEE ISLAND, CITY OF; homestead exemption................................................ HB 876
TYSON, JIMMY; commend......................................................................................... HR 529
u

UHRY, ALFRED; commend........................................................................................HR 742
UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Driving under the influence; penalties; clinical evaluation and treatment; fines ........................................................................... HB 635 Fleeing or attempting to elude police; amend felony provisions...........................HB 395 Fleeing or attempting to elude police; felony..........................................................HB 394 High occupancy vehicle lanes; single-occupant vehicle; fee for use........................HB 45 Inoperative traffic lights; accidents on multilane highways; removal of vehicle ...............................................................SB 236 Intersections; inoperative traffic lights; treat as four-way stop............................HB 907 Maximum speed limits; vehicles having more than 6 wheels...............................HB 674 Motor vehicle accidents; duty to remove from roadway; amend provisions ........HB 886 Motor vehicles; radios and phones; due care of driver ..........................................HB 310 Police chiefs; traffic control; police volunteers ........................................................HB 165 Speed limits on certain highways; increase; trucks; maximum limit...................HB 363 Traffic offenses; failure to appear; penalty .............................................................HB 420 Traffic offenses; jurisdiction; bureau procedures; penalties...................................HB 423 Trucks; prohibited use of left lanes; exception .......................................................HB 685
UNION COUNTY Board of education; compensation............................................................................ SB 237 Chief magistrate; partisan election..........................................................................HB 697 Family connection commission; create..................................................................... SB 151
UNION POINT, CITY OF; corporate limits ............................................................ HB 709
UNITED DAUGHTERS OF THE CONFEDERACY Frankie Lyle Chapter #2074; commend...................................................................HR 451
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2885

UNIVERSAL DECLARATION OF HUMAN RIGHTS; reaffirm support.............HR 55
UNIVERSITY OF GEORGIA WOMEN'S GYMNASTICS TEAM; invite to House ...............................................................................................HR 24
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Board of commissioners of roads and revenues; county manager and clerk.......HB 889
USED CAR DEALERS Title requirements; exclude certain older model vehicles......................................HB 419
V
VALDOSTA, CITY OF Valdosta-Lowndes County Conference Center and Tourism Authority; create..................................................................................... HB 899
VALDOSTA HIGH SCHOOL FOOTBALL TEAM Invite coaches to House...............................................................................................HR 34
VANN WOOTEN FAMILY; commend.......................................................................HR 501
VARNELL, CITY OF; amend provisions .................................................................. HB 693
VAUGHN, WILEY; best wishes..................................................................................HR 584
VERDICT AND JUDGMENT Civil and criminal cases; filings and dispositions information ............................. SB 176 Judgments; interest; include certain attorneys' fees and court costs...................HB 958 Public nuisances; unlawful sexual or drug related activity; actions.................... SB 180 Summons; waiver of service; amend provisions......................................................HB 708 Tobacco lawsuit; proceeds to Indigent Care Trust Fund.......................................HB 174 Tobacco lawsuit; urge Congress prevent federal recoupment of settlement...................................................................................... HR 424
VERNONBURG, CITY OF; homestead exemption ................................................. HB 915
VETERANS' AFFAIRS Ad valorem tax; motor vehicles; former prisoner of war or surviving spouse....................................................................................... SB 83 Certain veterans' organizations; property; ad valorem tax exemption ................HB 131 Employees' Retirement; service credit; certain military service .........................HB 1091 Homestead exemption; disabled veterans; clarify exemption amount..................HB 684 Juvenile proceedings; certain termination of parental rights; adoption proceedings.................................................................. HB 218 Quality basic education; President's Day and Veterans Day; instruction provisions..................................................................... HB 68 Special license plates; eliminate certain fees..........................................................HB 676 Special license plates; Purple Heart; include trailers............................................HB 469 Special license plates; United States armed forces Georgia veterans..................HB 645 State War Veterans' Home and Nursing Home; admission; residency requirement........................................................................ HB 894 Superior court clerks; information recordation; military discharge books ......................................................................................... HB 67 Veterans Memorial Way; designate ..........................................................................HR 208 Veterans of Foreign Wars; commend........................................................................HR 740 Veterans of Foreign Wars of the United States; recognize....................................HR 230 Veterans Service, Department of; commissioner's compensation..........................HB 100
VETERINARIANS Cruelty to animals; comprehensive revision of provisions.....................................HB 362
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2886

INDEX

VETERINARIANS (Continued) Georgia Veterinary Practice Act; enact....................................................................HB 372
VETOES; communications from Governor............................................Pages 32, 34, 36, 37
VICTIMS OF CRIMES Crimes against person; require bystander assistance............................................HB 532 Criminal Justice Coordinating Council; authorize certain business transactions through committees .............................................SB 111 Income tax; Nazi persecution victims; exclude reparation income.....................HB 1058 Inmates; victim under age 16; prohibit visitation with minor................................HB 37 Protection, treatment, and restitution - CA............................................................HR 153 Rape or aggravated sodomy; victim under 12; penalties.......................................HB 116 Sexual offender registry; registrations; hearings; board........................................ SB 105 The Victims' Reimbursement Act of 1999; enact....................................................HB 470
VILLA RICA, CITY OF Municipal court; imposition of penalties .................................................................HB 603 Municipal court; penalties .........................................................................................HB 834
VITAL RECORDS Certificates or reports of death, divorce, annulment; social security number; child support withholding; copy of official marriage license....................................... HB 379 Health records; certain drug test reports; rights of minors..................................HB 841 Marriage; mayors perform ceremonies.....................................................................HB 830 Paternity orders; contents; effect................................................................................ SB 96
VOCATIONAL EDUCATION Certain students; jury duty exemption......................................................................HB 39 Cooperative library projects; certain agencies; funding.........................................HB 576 Georgia Military College; funding through Department of Technical and Adult Education.................................................. HB 840 Income tax credit; qualified educational expenses .................................................HB 275 Students enrolled in certain programs; program counts .........................................HB 38
VOTING (Also, see Elections) Absentee ballots; certain government buildings; use for receiving and voting ................................................................................. HB 775 Absentee ballots; mailing by registrars; deadline...................................................HB 373 Absentee ballots; single application for mailings; elector request........................HB 778 Amend provisions .......................................................................................................HB 490 Amend provisions .......................................................................................................HB 530 Candidates; certain ballot access - CA....................................................................HR 620 Certain felony convictions; clarify certain term......................................................HB 133 Certain preclearance requirement; urge Congress repeal .....................................HR 199 Challenge of electors; poll watchers; number and training...................................HB 743 Child under age 17 in booth with parent ...............................................................HB 266 Congressional elections; cumulative voting in multiple-member districts ..................................................................................... HB 473 County and municipal registrars; compensation ..................................................HB 1066 Early voting; provisions............................................................................................. SB 235 General Assembly and county officials; nonpartisan election...............................HB 491 House Study Committee on House Bills 490 and 491; create ..............................HR 336 Initiative petition process - CA.................................................................................HR 201 Jury lists; revision; prohibit use of registered voters list......................................HB 565 Optical scanning equipment; amend provisions......................................................HB 531 Pluralities; amend provisions....................................................................................HB 959 Polling places; closing; repeal certain advertising requirement............................HB 776 Probation or parole officers as deputy registrars ...................................................HB 445
Refer to numerical index for page numbers

INDEX

2887

VOTING (Also, see Elections) (Continued) Voter Choice and Election Access Reform Act of 1999; enact...............................HB 672 Voter registration; driver's license locations; receipt..............................................HB 777 Voter registration; failure to supply certain information; prohibit rejection................................................................................ HB 51 Voters' certificates; electors lists; retention and preservation...............................HB 774 Write-in votes; computation and certification; amend provisions.........................HB 773
w

WAGNER, JAMES J.; commend................................................................................HR 681
WALKUP, GEORGE M.; condolences ....................................................................... HR 738
WALLACE, MRS. GENNY; commend.......................................................................HR 133
WALLS, JOSIE S.; commend ..................................................................................... HR 399
WALSTON, SUZETTE; invite to House ................................................................... HR 197
WALTON COUNTY; board of commissioners; reconstitute................................... HB 1018
WALTON, LINDA; commend........................................................................................HR 38
WARD, DYLAN JAMES; congratulations................................................................. HR 349
WARE COUNTY Board of commissioners; repeal Act creating..........................................................HB 724 State court solicitor-general and judge; compensation...........................................HB 869 Waycross-Ware County; unified government; create ..............................................HB 723
WAREHOUSING Agricultural products, grain, livestock, warehouses; dealer bonds......................... SB 10 Self-service storage facilities; amend provisions.....................................................HB 817
WARRANTS Arrest warrants; issuance; amend provisions .........................................................HB 259 Deposit account fraud; certain warrants; amend provisions.................................HB 594
WARREN, LOUISE; commend...................................................................................HR 556
WASHINGTON COUNTY State court judge and solicitor; compensation ........................................................HB 898
WASTE MANAGEMENT Counties and municipalities; sanitation service suppliers; prohibit certain liens............................................................................ HB 736 Local government; certain undertakings; exclude solid waste facilities ..............HB 525 State Construction Industry Licensing Board; redefine certain terms ................HB 846 Tires; certain fees; extend certain time limit; reports to General Assembly ................................................................................ HB 578
WATER AND WASTEWATER (Also, see Waters, Ports, and Watercraft) Aquifers; certain permits; urge Environmental Protection Division exercise caution in issuance................................................ HR 443 Certain water and sewer systems; certain contracts; counties and municipalities; authorization ......................................................... HB 399 Joint Study Committee on Water Management and Allocation; create............... SR 175 Joint Water Resources Policy Study Committee; create ........................................HR 372 Surface water permits; aquifer storage or recovery; prohibit ...............................HB 108 Surface water permits; aquifer storage or recovery; prohibitions.........................HB 129 Surface water permits; aquifer storage or recovery; prohibitions........................... SB 48 The Georgia Neighborhood Protection Act; enact...................................................HB 136 Water well contractors and drillers; bonds and letters of credit..........................HB 502
Refer to numerical index for page numbers

2888

INDEX

WATERS, PORTS, AND WATERCRAFT Ad valorem tax; exempt certain boats, motors, and trailers; referendum...........HB 348 Ad valorem tax; exempt small boats........................................................................HB 514 Aquifers; certain permits; urge Environmental Protection Division exercise caution in issuance................................................ HR 443 Boats on Tugalo Lake; power; limitations; exceptions...........................................HB 183 Crabs and crabbing; amend provisions....................................................................HB 681 House Lake Lanier Water Quality Study Committee; create ...............................HR 373 Joint Study Committee on Water Management and Allocation; create............... SR 175 Joint Water Resources Policy Study Committee; create........................................HR 372 Laura S. Walker Lake; change motor-boating hours..............................................HB 233 Natural Resources, Board of; category I dams; fees ..............................................HB 564 Port vehicles; registration and licensing, dimensions and weight; exemptions..................................................................... HB 678 Speed near certain objects; minimum distance ........................................................HB 71 Surface water permits; aquifer storage or recovery; prohibit ...............................HB 108 Surface water permits; aquifer storage or recovery; prohibitions.........................HB 129 Surface water permits; aquifer storage or recovery; prohibitions........................... SB 48
WATSON JOINER FARM; commend......................................................................... HR 72
WAYCROSS, CITY OF Charter; repeal Act creating .....................................................................................HB 725 City commission; conveyance of city parks .............................................................HB 879 Waycross-Ware County; unified government; create ..............................................HB 723
WAYNE COUNTY HIGH SCHOOL LADY JACKETS SOFTBALL TEAM Commend.......................................................................................................................HR 22 Invite to House.............................................................................................................HR 63
WEAPONS Attempting to remove weapon from certain peace officers; prohibit....................HB 905 Concealed; prohibitions; exempt certain retired district attorneys.......................HB 110 Connecticut arms manufacturers; invite to relocate to Georgia...........................HR 380 Dangerous instrumentalities; prohibit certain instructional communication................................................................................. HB 498 Firearms; certain civil actions; reserve right to state............................................HB 189 Firearms owners; require liability insurance............................................................HB 86 Firearms; specially trained handgun license...........................................................HB 387 Jails; guard lines; certain prohibited activity .........................................................HB 128 School security personnel; authority to carry firearms.......................................... SB 152 Weapons prohibited at school; include razor blades; certain counties; school security personnel carry firearms.................... HB 84
WEBB BRIDGE MIDDLE SCHOOL ACADEMIC BOWL TEAM; commend........................................................................................................HR 508
WEBSTER COUNTY; commissioner districts; redefine.......................................... HB 728
WEBSTER, MARIANNE; condolences......................................................................HR 694
WEEKS, CARL SOLANA; commend......................................................................... HR 174
WEIGHTS AND MEASURES Automobile carriers; redefine designated highways ...............................................HB 716 Buses, trucks, or truck tractors; amend provisions.................................................. SB 87 Flour, grits, hominy, and cornmeal; repacking; repeal certain provisions......................................................................................... HB 78 Kerosene and gasoline pumps; certain tax information; require decals ..............HB 741 Length and loads of vehicles; unprocessed forest products; strobe lights and flags.............................................................................SB 47
Refer to numerical index for page numbers

INDEX

2889

WEIGHTS AND MEASURES (Continued) Port vehicles; registration and licensing, dimensions and weight; exemptions..................................................................... HB 678 Vehicles and loads; length; width; weight ...............................................................HB 880 Vehicles and loads; width and length; permits for excess..................................... SB 256
WELFARE (See Social Services)
WELLS, GEOFFREY DONALD; commend.............................................................HR 504
WELLS, HUBERT MELL; condolences....................................................................HR 711 WEST BRIDGE MIDDLE SCHOOL; commend..................................................... HR 219 WEST GEORGIA MILLENNIAL CELEBRATION; commend ............................ HR 289 WEST, HONORABLE JACK; committee assignment ............................................Page 45 WESTBROOK, CASEY; commend............................................................................. HR 189
WESTLAKE HIGH SCHOOL BOYS BASKETBALL TEAM; commend........................................................................................................HR 582
WHATLEY, COURTNEY LATRASHIA; commend................................................. HR 707
WHITFIELD COUNTY Board of commissioners; compensation....................................................................HB 885 Homestead exemption; certain residents .................................................................HB 931
WHITFD3LD, MARK; commend ................................................................................ HR 386 WHITTEMORE, MARTHA D.; commend.................................................................HR 407
WIENER, HARRISON; commend.............................................................................. HR 656
WIENER, JORDON; commend..................................................................................HR 655
WILDE, MARY; commend........................................................................................... HR 395 WILDLIFE
Hunting; restrict within 300 yards of residence.....................................................HB 186 Special plates; Nongame-Endangered Wildlife Program; proceeds.......................HB 653 WILES, CHARLES L.; commend...............................................................................HR 640
WILES, HAROLD JOHN; commend.........................................................................HR 639 WILKINSON COUNTY HIGH SCHOOL WARRIORS
BASKETBALL TEAM; invite to House.................................................................HR 496 WILLIAM AND ANDRE COOPER; Designate........................................................SR 150 "WILLIAM LOVEL LANIER, SR., HIGHWAY"; designate.................................. HR 214 WILLIAM LOYD (BILL) HOLTON ROAD
Recognize honorary designation ...............................................................................HR 698 WILLIAM P. PONDER MEMORIAL BRIDGE; designate...................................HR 379 "WILLIAM S. ROBINSON BRIDGE"; designate......................................................SR 22 WILLIAMS, ELI AUGUSTUS "BUSTER"; condolences........................................HR 684
WILLIAMS, JOHN A.; commend............................................................................... HR 575
WILLIAMS, JOSEPH ROBERT, JR.; condolences................................................HR 485
WHAIAMS, JUDGE JANICE; condolences.............................................................HR 426 WILLIAMS, KENNON LOY; condolences................................................................ HR 221 WILLIAMS, M. C.; condolences.................................................................................. HR 319 WILLINGHAM, REBECCA; commend.....................................................................HR 103
WILLIS, HONORABLE R. T. "BOBBY"; commend................................................. HR 40
Refer to numerical index for page numbers

2890

INDEX

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Amend provisions .......................................................................................................HB 366 Bankruptcy; homestead exemption; spouses filing jointly .....................................HB 703 Durable power of attorney for health care; appointment of guardian.................HB 416 Forestry practices; allow on land owned in fee simple ..........................................HB 112 Health; durable power of attorney; certain form; repeal notice requirement...........................................................................HB 380 Uniform Transfer on Death Security Registration Act; enact ..............................HB 667 Uniform Transfer on Death Security Registration Act; enact................................ SB 12 Year's support; citation and notice .............................................................................HB 70
WILSON, LAMAR; commend..................................................................................... HR 346
WILSON, MR. AND MRS. ALFRED E.; commend................................................ HR 177
WINE (See Alcoholic Beverages and Alcoholism)
WINGS OVER DDQE ADISHOW; commend.......................................................... HR 679
WITNESSES Experts; payment of reasonable fee.......................................................................HB 1078 Sign language and intermediary interpreters; services.........................................HB 666 Subpoenas; witness fees and mileage; amend provisions ......................................HB 340
WDI, REVEREND JOHN EDWIN; commend......................................................... HR 741
WOJCIK, ANDREW P.; commend.............................................................................HR 634
WOMEN'S WORLD CUP; international soccer tournament; recognize................HR 570
WOOD, KENNY; commend.........................................................................................HR 117
WOODS, CLBFFORD D.; commend .......................................................................... HR 352
WOODSTOCK POLICE DEPARTMENT; commend .............................................HR 247
WORKERS' COMPENSATION Amend provisions .......................................................................................................HB 135 Cross appeals; self-insured employer status; guardians; overpayments; benefits.......................................................................... SB 39 Professional employer organizations; provisions.....................................................HB 561 State Guard; workers' compensation; wages; special plates..................................HB 536 Subsequent Injury Trust Fund; certain reports; late submission; penalty...................................................................................... HB 1041 Subsequent Injury Trust Fund; reimbursement eligibility..................................HB 1039
WORLD CONGRESS CENTER AUTHORITY Board of governors; additional members .................................................................HB 695
WORLD VISION'S 30-HOUR FAMINE; commend................................................HR 340
WRIGHT, CHARLES E.; commend...........................................................................HR 647
WYNN, JOHN HARNED; commend......................................................................... HR 130
Y

YATES, MR. AND MRS. M. J.; commend................................................................HR 469 YOUMANS, COY E.; commend.................. ..............................................................HR 183 YOUNG, STEVIE; commend ...................................................................................... HR 527
z

ZAFFOS, JOSH; commend ......................................................................................... HR 630 Refer to numerical index for page numbers

INDEX

2891

ZAINALDIN, DR. JAMIL S.; invite to House .........................................................HR 272
ZAMBIAN DELEGATION VISITING GEORGIA; commend...............................HR 475
ZELLMAN, ANTON J.; commend ............................................................................. HR 385
ZONING Drug-free commercial zones; adoption; change date ..............................................HB 287 Maps and plats; certain zoning ordinance; approval before acceptance ..............HB 398

Refer to numerical index for page numbers

PART II

HOUSE BILLS

HB

1--Sandy Springs, City of; incorporate................................................. 49, 62

HB

2--Income tax; gradual reduction and abolishment.............................. 49, 62

HB

3--Taxable net income; capital gains exclusion .................................... 49, 62

HB

4--Homicide by vehicle while driving under

the influence; life imprisonment or death......................................49, 62

HB

5--Unemployment benefits; disqualification;

additional ground ..............................................................................49, 62

HB

6--Garnishment; pension funds; additional

exemption ...................................................... 49, 62, 233, 286, 301, 1740,

1945, 2086, 2142, 2295, 2635, 2649

HB

7--Alcoholic beverage sales; repeal

certain prohibition.............................................................................50, 62

HB

8--Municipal charter commissions; create.....................................70, 87, 226

HB

9--Alcoholic beverages; certain consumption

by minors; repeal exception to prohibition.........................Prefiled Only

HB

10--Railroad crossings; duty to maintain;

damages for violation............................................................Prefiled Only

HB

11--Mental retardation; guidelines for

disability services .......................................................................... 106, 131

HB

12--Criminal trespass; entering dwelling

of another; penalty.................................................................... 1527, 1694

HB

13--Driver's license and identification card;

prohibit fingerprinting.................................................................. 123, 155

HB

14--Income tax; gradual reduction and

abolishment; sales tax; gradual increase........................................81, 99

HB

15--Taxable net income brackets; annual adjustments........................... 81, 99

HB

16--Quality basic education; midterm

adjustments; training and experience.................................Prefiled Only

HB

17--Georgia Teen Smoking Act; enact .........................................Prefiled Only

HB

18--Alcoholic beverages; bartender under

age 21; prohibit..................................................................................56, 76

HB

19--Generic drug containers; include name

of brand name drug.......................................................................... 56, 76

HB

20--Ad valorem tax; personal property

exemption; certain tools................................................................ 170, 198

HB

21--Ad valorem tax; personal property

exemption; certain tools................................................................ 170, 198

HB

22--Food sales to day-care facility; sales

tax exemption.................................................................................755, 804

HB

23--Motor vehicles; failure to stop for

pedestrian in crosswalk; misdemeanor .................................91, 114, 714

HB 24--Motor vehicles; failure to stop for

pedestrian in crosswalk; misdemeanor

of a high and aggravated nature.........................................Prefiled Only

HB

25--Medical Examiners, Composite State Board

of; function as state agency.............................................................. 56, 76

HB 26--Insurance; state of entry to U. S. for

alien insurers..........................................................70, 87, 233, 282, 2445

2894
HB HB HB HB
HB
HB HB HB HB HB HB HB HB HB HB HB HB
HB HB HB HB
HB HB HB HB HB HB HB HB

INDEX
27--Ad valorem tax; exempt certain personal property................ Profiled Only 28--Ad valorem tax; exempt certain farm equipment...................Profiled Only 29--Ad valorem tax; exempt certain small
business inventory.................................................................Prefiled Only 30--Day-care center employees; records
check; state and national fingerprint records check................................................ 81, 99, 713, 988, 2089, 2600 31--Public Safety, Department of; School Security Officer Division; schools; safety policies.....................................................................................50, 62 32--Murray County; homestead exemption; certain residents...........................................................50, 62, 77, 77, 200 33--Ad valorem tax; certain property; recording fees..........................................................50, 62, 121, 214, 2083 34--Ad valorem tax; bona fide conservation use property; certain clubs....................................50, 62, 121, 139, 2207 35--Income tax; dependent deductions; amend provisions..............................................................50, 62, 245, 284 36--Property tax; in rem foreclosures; superior court orders........................................................51, 62, 245, 361 37--Inmates; victim under age 16; prohibit visitation with minor .................................. 51, 62, 244, 342, 2295, 2491 38--Schools; students enrolled in certain programs; program counts............................................... 51, 62, 233, 264 39--Jury duty exemptions; certain students; certain caregivers.............................................51, 62, 120, 163 40--Crosswalk; redefine ............................................................... 51, 62, 1084 41--School security personnel; local boards authorize carrying of firearms.............................................51, 62 42--School buses; require passenger seat belts ...................................... 52, 62 43--Public school teachers and employees; health insurance plans; investment of funds....................................................... 52, 62, 805, 1110, 2295, 2625 44--Certain county police forces; abolish............................................... 52, 62 45--High occupancy vehicle lanes; single-occupant vehicle; fee for use .................................................52, 62 46--Wheelchairs and certain related equipment; sales tax exemption.......................................................52, 62 47--Driver's license; renewal outside United States; contract with Department of Industry, Trade, and Tourism....................................................................................... 52, 62 48--Driver's license and identification card; prohibit fingerprinting.............................................................52, 62 49--Property; certain 50-year covenants; provisions............................... 53, 62 50--State agencies; transactions with certain financial institutions; prohibit ............................................53, 62 51--Voter registration; failure to supply certain information; prohibit rejection............................................53, 62 52--State Sovereignty and Federal Tax Funds Act; enact...................... 53, 62 53--Alimony or child support; certain motions; new action not required.........................57, 76, 120, 166, 1772 54--Sales tax; exempt certain gas sales................................................. 57, 76 55--Sales tax; urban transit systems; definitions; exempt certain sales of art ................................................... 57, 76, 296, 340, 2085, 2160

INDEX

2895

HB

56--Revenue Code; conform to federal

code; joint returns; innocent

spouse relief................................................... 57, 76, 181, 200, 812, 1867

HB

57--Sales tax; exemption of certain motor

fuels; amend provisions..................................................................... 57, 76

HB

58--Housing Affordability Impact Note

Act; enact....................................................................................57, 76, 272

HB

59--Sales tax; amend provisions ........................................................... 58, 76

HB

60--Taxes; forms of payment; amend provisions .................................... 58, 76

HB 61--Intangible tax; certain financial

institutions; amend provisions......................................................... 58, 76

HB

62--Intangible recording tax; long-term

notes; amend provisions.................................................................... 58, 76

HB

63--Excise tax; certain motor fuels; levy and rate ................................. 58, 76

HB

64--Ad valorem tax; tangible property; assessment............................... 58, 76

HB

65--Real estate transfer tax; certain

instruments; amend provisions........................................................59, 76

HB

66--Income tax; amend provisions......................................................... 59, 77

HB

67--Superior court clerks; information

recordation; military discharge books ..................59, 77, 115, 138, 1773

HB

68--Quality basic education; President's

Day and Veterans Day; instruction

provisions........................................................................... 59, 77, 233, 256

HB

69--Telephone solicitations; certain calls;

prohibit recording..............................................................................59, 77

HB

70--Year's support; citation and notice .................................................. 59, 77

HB

71--Watercraft; speed near certain objects;

minimum distance............................................................................. 60, 77

HB

72--Pagers; service providers; maintain

certain phone records........................................................................ 60, 77

HB

73--Harold F. Holtz Municipal Training

Institute; membership terms.................................60, 77, 226, 252, 1738

HB

74--Clarke County; coroner;

compensation.................................................................60, 77, 88, 88, 158

HB

75--Pawnshops; interest and fees; change amount................................. 60, 77

HB

76--Georgia Aviation Hall of Fame; designate

official repository for aviation

history................................................................................ 60, 77, 296, 343

HB

77--Milk and milk products; amend

provisions.................................................................60, 77, 103, 118, 1773

HB

78--Flour, grits, hominy, and cornmeal;

repacking; repeal certain provisions.....................61, 77, 103, 119, 1773

HB

79--Colleges; persons seeking admittance;

prohibit indexing of grades............................................................... 61, 77

HB

80--Bail recovery agents;

regulation ...........................................61, 77, 387, 616, 2087, 2580, 2593

HB 81--Income tax; corporations; amend provisions .................................... 61, 77

HB

82--Sales tax; exempt electricity for

crop irrigation................... 61, 77, 77, 404, 563, 2380, 2464, 2524, 2524

HB

83--Health maintenance organizations; certain

contracts; prohibit hold harmless clause ........................................70, 87

HB

84--School safety; prohibit razor blades

on school property; local boards

adopt anti-bullying policies;

certain county school security

personnel carry firearms......................................71, 87, 805, 1105, 2445

HB

85--Driver's license; certain revocation;

limited driving permit....................................................................... 71, 87

2896

INDEX

HB

86--Firearms; require owners carry liability insurance .......................... 71, 87

HB

87--Public buildings; require display of

certain information........................................................... 71, 87, 586, 741

HB

88--Coin operated amusement machines;

amend provisions....................................................71, 87, 271, 308, 1898

HB

89--Driver's license; certain offenses;

revoke upon second conviction.........................................................72, 87

HB

90--Driver's license; certain revocation;

limited driving permit....................................................................... 72, 87

HB

91--Driver's license; certain revocation;

limited driving permit....................................................................... 72, 87

HB

92--Income tax; certain disaster assistance ........................................... 72, 87

HB

93--Insurance; health care providers; include

athletic trainers........................................... 72, 87, 347, 389, 2086, 2146

HB

94--Medicare supplement insurance; define

certain terms..................................................................... 72, 87, 233, 258

HB

95--Income tax credit; certain driver educa

tion programs.....................................................................................73, 87

HB

96--Income tax credit; certain disaster assistance ................................. 73, 87

HB

97--Revenue; amend provisions; Office of Fine

Collections; create.............................................................................. 73, 87

HB

98--Coroners; qualifications; fees; salary ........................................73, 87, 722

HB

99--Hospitals; sale or lease; public hearing........................................... 73, 87

HB 100--General Assembly members and certain

state officials; compensation;

certain other state officials;

compensation set by governor............................73, 87, 935, 1587, 2213,

2383, 2488, 2525, 2579, 2724, 2745

HB 101--Supplemental appropriations;

FY 1998-1999............................................. 74, 87, 805, 1196, 2087, 2428

HB 102--Supplemental appropriations; FY 1998-1999 ................................... 74, 87

HB 103--Supplemental appropriations; FY 1999-2000 ................................... 74, 87

HB 104--Minors; certain sound recordings; restrict sale ................................ 74, 87

HB 105--Property; use of force in defense;

redefine habitation ............................................................................ 74, 87

HB 106--Controlled substances and dangerous

drugs; amend listings.................................. 74, 87, 271, 610, 2381, 2492

HB 107--Shrimp; noncommercial taking; provisions ...................................... 74, 87

HB 108--Surface water; aquifer storage or recovery;

prohibit............................................................................................... 75, 87

HB 109--Fish; creel, possession, and size limits;

change certain limits......................................................................... 75, 87

HB 110--Concealed weapons; prohibitions; exempt

certain retired district attorneys .................................... 75, 87, 382, 564

HB 111--Motor vehicles; registration periods;

certain counties.................................................................................. 75, 87

HB 112--Forestry practices; allow on land

owned in fee simple.......................................................... 75, 87, 225, 254

HB 113--Driver's license; persons under 21;

certain suspension............................................................................. 75, 87

HB 114--Alternative schools; education and

attendance requirements ............................................. 75, 87, 1075, 1390

HB 115--Driver's license or permit; provide

for replacement issuance ...........................................76, 87, 88, 348, 687

HB 116--Rape or aggravated sodomy; victim under

age 12; penalties................................................................................ 76, 87

HB 117--School curriculum; include presentation

of certain scientific evidence ............................................................76, 87

INDEX

2897

HB 118--Corrections; certain offenders; debt collection against lottery prizes ...............................................81, 99, 200
HB 119--Transportation, State Board of; membership terms ......................... 82, 99 HB 120--Property; fair market value; leases not considered .......................... 82, 99 HB 121--Insurance; tobacco crop; length of
coverage...................................................................82, 99, 233, 253, 1773 HB 122--Driver's license; certain epileptics;
prohibit disqualification..........................................................82, 99, 1084 HB 123--Sales tax; exempt certain sales to
volunteer fire departments............................................................... 82, 99 HB 124--Alcoholic beverages; certain illegal
activity; jurisdiction limitation......................................................... 82, 99 HB 125--Ad valorem tax; mobile homes; eliminate
certain decal requirements...............................................................82, 99 HB 126--Peace Officer Standards and Training
Council; membership.........................................................................83, 99 HB 127--American Heritage in Education Act; enact.................................... 83, 99 HB 128--Jails; guard lines; certain prohibited
activity.......................................................... 83, 99, 382, 612, 1901, 2147 HB 129--Surface water; aquifer storage or recovery; prohibit........................ 83, 99 HB 130--Dog and cat sterilization support program; provisions..................... 83, 99 HB 131--Certain veterans' organizations; property;
ad valorem tax exemption ..........................................................83, 99, 99 HB 132--Escape; define offense; include certain
private facilities.................................................................................84, 99 HB 133--Voting; certain felony convictions;
clarify certain term ...........................................................................84, 99 HB 134--Macon-Bibb County; Joint Unification
Study Commission....................................................84, 99, 115, 115, 200 HB 135--Workers' compensation; amend provisions.........................84, 99, 156, 201 HB 136--The Georgia Neighborhood Protection Act; enact...................... 85, 99, 217 HB 137--Georgia Racial Justice Act; enact.................................................... 85, 99 HB 138--Gasoline and diesel fuel; maximum sulfur content.......................... 85, 99 HB 139--State agencies; sole-source contracts;
require appropriation........................................................................ 85, 99 HB 140--Alcoholic beverages; Sunday sales;
private clubs................................................. 85, 99, 180, 213, 2296, 2546 HB 141--Headlights; when use required ....................................................... 85, 99 HB 142--Education; midterm adjustments; training
and experience................................................................................... 86, 99 HB 143--Supplemental appropriations;
FY 1998-99...............................................................86, 99, 414, 457, 815, 869, 917, 917, 920, 939, 1034
HB 144--General appropriations; FY 1999-2000.....................................................86, 99, 1283, 1301, 1945, 1976, 2070, 2072, 2075, 2213, 2294
HB 145--Supplemental appropriations; FY 1998-99................................................................86, 99, 103, 117, 275
HB 146--Georgia Volunteer in Medicine Act; enact .........................86, 99, 722, 997 HB 147--Income tax; credit; federal qualified
transportation fringe benefits ...............................86, 99, 245, 323, 2084 HB 148--Cotton Producers Indemnity Fund
of 1999; create.................................................. 86, 99, 199, 248, 664, 770 HB 149--Education; certain schools; low-wealth
capital outlay grants............................................91, 114, 233, 262, 2084 HB 150--Building codes; certain notification;
inspector training....................................................... 91, 114, 1181, 1581

2898

INDEX

HB 151--Building codes; compliance; professional engineers perform inspections...................................92, 114, 1181, 1585
HB 152--Home inspectors; licensing and regulation .....................................92, 114 HB 153--Magistrate courts; ordinances; criminal
trespass; imprisonment...................................................................92, 114 HB 154--Residential contractors; licensing and regulation............................92, 114 HB 155--Oconee Judicial Circuit; terms of
court.......................................................................92, 114, 356, 425, 1738 HB 156--Sales tax exemption; library materials;
certain nonprofit organizations......................................................92, 114
HB 157--Motor vehicles; certain property damage claims; arbitration........................................................................... 93, 114
HB 158--State Properties Commission; membership; include Secretary of State .......................... 93, 114, 131, 182, 385, 1869
HB 159--Insurance; certain medical information; confidentiality; certain claims; payment time limits................................ 93, 114, 347, 1143, 2381, 2626
HB 160--Local government; certain banners and signs; allow businesses display................................................................. 93, 114
HB 161--Sales tax; exempt certain machinery and components ....................93, 114 HB 162--Fair business practices; prohibit
certain gender discrimination ........................................................93, 114
HB 163--State flag; change design...............................................................94, 114 HB 164--Radar; permits; vehicle visibility....................................................94, 114 HB 165--Police chiefs; traffic control;
police volunteers...................................... 94, 114, 714, 1001, 2086, 2159 HB 166--Fiscal notes; preparation by state
auditor and Department of Audits................................................ 94, 114 HB 167--Ad valorem tax; motor vehicles and
motor homes; tax digest................................................. 94, 114, 181, 206 HB 168--Homestead exemption; equal to state
ad valorem tax................................................................................. 94, 114
HB 169--Homestead exemption; certain senior citizens; applicable taxes ................................................................95, 114
HB 170--Ad valorem tax; notice of assessments; amend provisions.............................................................................95, 114
HB 171--Rape prevention and personal safety; department of Education establish course........................................................................... 95, 114, 1075, 1454
HB 172--Division of Rehabilitation Services; transfer from Department of Human resources to Department of Labor.............................. 95, 114, 714, 1050
HB 173--Fire extinguishers and suppression systems; redefine "firm".......................................95, 114, 271, 584, 1773
HB 174--Tobacco lawsuit; proceeds to Indigent Care Trust Fund.............................................................................. 95, 114
HB 175--Agriculture, Department of; certain rented spaces; require steps...........................................................96, 114
HB 176--Bona fide conservation use property; ownership qualifications; amend provisions...............................................................96, 114, 181, 212, 2445
HB 177--Agriculture, Department of; certain rented spaces; require electrical service.................................................... 96, 114
HB 178--Traffic citations; complaint forms; include multiple offenses ................................................................96, 114
HB 179--Official Garden and Nature Trail of Georgia; designate........................................................................... 96, 114
HB 180--Natural Gas Marketing Act of 1999; enact.....................................96, 114

INDEX

2899

HB 181--Georgia Teen Smoking Act; enact ...................................96, 114, 272, 392 HB 182--Juvenile courts; creation; amend
provisions....................................................................... 97, 114, 347, 1683 HB 183--Boats on Tugalo Lake; power;
limitations; exceptions............................... 97, 114, 347, 419, 1740, 1885 HB 184--Randolph County; board of commissioners;
compensation...........................................................97, 114, 132, 132, 246 HB 185--Underground storage tanks; trust fund;
fees; Environmental Protection Division's powers.............................97, 114, 180, 231, 2085, 2154, 2580 HB 186--Hunting; restrict within 300 yards of residence ............................. 97, 114 HB 187--Southern Dairy Compact; enact............................................. 97, 114, 225 HB 188--Industrial loans; regulation; Department of Banking and Finance.................................................................. 98, 114 HB 189--Firearms; certain civil actions; reserve right to state .................................... 98, 114, 146, 183, 338, 344 HB 190--Jackson County; board of commissioners; amend provisions....................................... 98, 114, 132, 132, 1438, 1469 HB 191--Income tax; gradual reduction and abolishment ...........................106, 131 HB 192--Macon County; office of county manager; create ............................................................................. 106, 131, 156, 156 HB 193--Effingham County; board of commissioners; compensation.................................................................................. 106, 131 HB 194--State government; budget units; performance audits.................... 107, 131 HB 195--Educational grants; public tuition assistance; private schools............................................................ 107, 131 HB 196--Coweta County; state court; clerk.......................................................................107, 131, 156, 157, 275 HB 197--Pulaski County and City of Hawkinsville; consolidation......................................... 107, 131, 156, 157, 417, 433, 597 HB 198--Employees' Retirement; 33 years service...................................... 107, 131 HB 199--Pulaski County; certain county officers; compensation.............................................. 107, 131, 156, 157, 768, 1778 HB 200--Pulaski County; office of county commissioner; repeal Act creating........... 107, 131, 156, 157, 768, 1778 HB 201--Hawkinsville, City of; charter; Repeal Act providing................................. 108, 131, 156, 157, 768, 1777 HB 202--Employees' Retirement; 31 years service...................................... 108, 131 HB 203--Fishing; certain public docks or piers; license not required....................................................................... 108, 131 HB 204--Income tax credit; certain tobacco settlement proceeds....................................................................... 108, 131 HB 205--Dialysis centers; certain personnel; establish standards........................................................................ 108, 131 HB 206--Licensed practical nurses; display designation on identification....................................... 108, 131, 271, 304 HB 207--Employees' Retirement; 32 years service...................................... 108, 131 HB 208--County excise tax; severance of solid minerals............................. 109, 131 HB 209--Counties and municipalities; rock quarries; prohibition...................................................................... 109, 131 HB 210--Motor vehicle sales; redefine "cash sale price"; certain installment and lease transactions..............................................109, 131, 329, 360, 2381,
2584, 2625, 2648, 2649, 2698, 2710

2900

INDEX

HB 211--Private colleges and universities; redefine "institution of higher education"; medical loans and scholarships........................................................109, 131, 245, 328, 2295, 2464, 2528, 2577, 2624, 2652, 2656
HB 212--Jury duty; exempt primary caregiver of child under six............................................................................... 109, 131
HB 213--Computer Pornography and Child Exploitation Prevention Act;
enact; contributing to the delinquency of a minor; penalties.......... 109, 131, 271, 305, 2296, 2588
HB 214--Insurance; motor vehicle claims; parts prohibition........................ 109, 131 HB 215--Habeas corpus; clerk funding; indigent
petitioners............................................................110, 131, 180, 230, 2207 HB 216--Professional Bondsmen and Bail
Recovery Agents, Board of; create............................................... 110, 131 HB 217--State entities; inventory of buildings;
submit to Georgia Building Authority ...............................110, 131, 383, 548, 2295, 2520
HB 218--Juvenile proceedings; certain termination of parental
rights; adoption proceedings................... 110, 131, 347, 550, 2656, 2731 HB 219--Corporations; merger of parent into subsidiary ............................110, 131
HB 220--Murder resulting from controlled substance violations; offense; penalties......................................................... 110, 131
HB 221--Computers; certain Y2K solution providers; limit liability................................................................ Ill, 131
HB 222--Treasury and Fiscal Services, Office of; certain deposits; time limit......................................... Ill, 131, 245, 283
HB 223--Corporations; merger and share exchange; redefine "beneficial owner"........................................................... Ill, 131
HB 224--Corporations; certain mergers; "beneficial owner"; proxy appointments and documents; electronic transmission....... Ill, 131, 356, 602, 1775, 1948
HB 225--Corporations; preferred stock; powers of board.............................Ill, 131 HB 226--Sexual exploitation of children; define
offense; penalties ...................................................................112, 131, 140 HB 227--Bully Law; enact.........................................................................112, 131 HB 228--Parental rights; termination; change grounds............................... 112, 131 HB 229--Housing authorities; certain tenants;
prohibit eviction............................................................................. 112, 131 HB 230--Child support or educational loans;
noncompliance; prohibit certain registration; child custody; acts of family violence....................... 112, 131, 1022, 1565, 2143, 2593, 2638 HB 231--Certain quarrying and manufacturing material; sales tax exemption...................................................... 112, 131 HB 232--Motor vehicles; mechanics' liens; constructive notice; superiority.................................................... 112, 131 HB 233--Laura S. Walker Lake; change motorboating hours ......................................................113, 131, 347, 422, 1738 HB 234--Probationary driver's license; replacement fee.......................113, 131, 233 HB 235--Sheriffs; certain records; electronic storage and retrieval.................................................... 113, 131, 382, 685 HB 236--Bail bondsmen and bail recovery agents; amend provisions........................................................................... 123, 155 HB 237--Torts; psychologists, physicians, professional counselors, social workers, and marriage and family therapists; duty of care............................................. 123, 155

INDEX

2901

HB 238--Elections; certain petitions notarized and circulated by same person; disqualify.............................................................123, 155, 179, 207, 1898
HB 239--Macon, City of; water authority; additional powers ...................... 124, 155 HB 240--Conservation use property; family owned farm entities ...............124, 155 HB 241--Excise tax; trails or walkways;
extend certain date............................................. 124, 155, 296, 339, 1898 HB 242--Shoplifting; misdemeanor offense;
municipal court jurisdiction.......................................................... 124, 155 HB 243--Setoff debt; claimant agencies; collection...................................... 124, 155
HB 244--Local retirement systems; certain invested assets; increase percentage........................................... 124, 155
HB 245--Metropolitan area planning and develop ment commissions; amend provisions ......................................... 125, 155
HB 246--Tax assessment; increase; notice of justification ........................... 125, 155 HB 247--Education; bullying; discourage and prohibit................................ 125, 155 HB 248--Pardons and paroles; certain felonies; ineligibility........................!25, 155
HB 249--Rape; redefine offense; female under age ten...................................................... 125, 155, 348, 567, 2296, 2497
HB 250--Certain cost estimates and bid proposals; open records exemption ...................... 125, 155, 1075, 1380, 2212, 2498
HB 251--Metropolitan area planning and development commissions; amend provisions ................................................... 125, 155
HB 252--Driver's license suspension; refusal of chemical test; guilty plea.............................................................. 126, 155
HB 253--Houston County; state court; attorney presiding in lieu of judge................................... 126, 155, 724, 725, 1088
HB 254--Taxicabs; liability insurance; increase amount..............................126,155 HB 255--Teachers Retirement; early retirement; reduce penalty................. 126, 155 HB 256--Temporary Health Care Placement Decision
Maker for an Adult Act; agency; clarify effect of appointment of guardian of property; guardian ad litem; compensation.....................126, 155, 225, 275, 2428,
2433, 2488, 2613, 2624, 2673, 2709 HB 257--Uniform Fraudulent Transfers Act;
enact............................................................................. 126, 155, 806, 1400 HB 258--Insurance Commissioner; incapacity
and cessation; council membership ............................................. 127, 155 HB 259--Arrest warrants; issuance; amend
provisions................................................................... 127, 155, 1182, 1636 HB 260--Medical scholarships; rural health
care; amend provisions .............................................. 127, 155, 805, 1092 HB 261--Code of Georgia;
corrections ................................................ 127, 155, 403, 623, 2296, 2481 HB 262--Retirement and Pensions; Code
corrections ...........................................................127, 155, 403, 647, 1773 HB 263--Child support; establish family
support registry..................................................127, 155, 296, 746, 2207 HB 264--Elections; Code
corrections ........................................................... 128, 155, 403, 648, 2445 HB 265--Sports officials; assault or battery
against; define offense.................................................. 128, 155, 226, 259 HB 266--Voting; child under age 17 in booth
with parent.................................................................... 128, 155, 179, 213 HB 267--Lawsuits; certain civil action; reserve
right to state.................................................................................. 128, 155 HB 268--Juvenile court jurisdiction; expand
to all persons under age 18.......................................................... 128, 155

2902

INDEX

HB 269--Mental health; disability services; state-wide guidelines.................................................... 129, 155, 722, 999
HB 270--Interference with custody; redefine offense...................................l29, 155 HB 271--Physicians; certain time period;
minimum prescription quantity.................................. 129, 155, 382, 597 HB 272--Income tax credit; certain low-income
housing; certain capital gain........................................................ 129, 155 HB 273--DeKalb County Community Improvement
District Act of 1999; enact...................... 129, 155, 181, 181, 2451, 2504 HB 274--DeKalb County Community Improvement
District Act of 1998; amend short title............................................................. 129, 155, 181, 181, 2449 HB 275--Income tax credit; qualified educational expenses ........................130, 156 HB 276--Motor vehicle insurance; increase minimum liability coverage.......................................................... 130, 156 HB 277--Berkeley Lake, City of; new charter ...................................................................130, 156, 272, 273, 417 HB 278--State and local governments; certain meetings; agenda and affidavit...........................148, 179, 296, 392, 938 HB 279--Public records; state and local governments; amend provisions.............................148, 179, 296, 398, 938, 1396, 1541 HB 280--School buses; prohibit riding while standing................................ 148, 179 HB 281--Political campaigns; prohibit certain false statements............................................................................. 148, 179 HB 282--Political campaigns; prohibit certain false statements.............................................................................149, 179 HB 283--Staggered registration; ad valorem tax; liens; heavy-duty equipment vehicles; mobile homes; permits and decals......................................149, 179, 404,
1094, 2380, 2619, 2638 HB 284--Hospitals; eliminate liens ............................................................149, 179 HB 285--Counties and municipalities; certain pay
increases; prohibit certain bonded debt...................................... 149, 179 HB 286--Dougherty County and Albany, City of;
joint County-Municipal Board of registration and Elections; staggered terms....................................... 149, 179, 199, 199, 1541, 1779 HB 287--Drug-free commercial zones; adoption; change date ....................................149, 179, 586, 751, 1901, 2153, 2523 HB 288--Hospital liens; prohibit filing before insurance settlement..................................................................... 150, 179 HB 289--Speed detection devices; permit; employment of part-time peace officer.....................................................150, 179, 714,
1003, 2143, 2478 HB 290--Railroad crossings; certain closings;
local government agreement......................................................... 150, 179 HB 291--Income tax; gradual reduction and abolishment ...........................150, 179 HB 292--Southwestern Judicial Circuit; add
judge.....................................................................150, 179, 403, 583, 1738 HB 293--Income tax; exempt certain rewards ............................................150, 179 HB 294--Ad valorem tax; millage rates; amend provisions .........................151, 179 HB 295--Dentistry; amend
provisions.................................................. 151, 179, 382, 568, 1190, 1870 HB 296--Property; certain tax values; amend provisions ............................151, 179 HB 297--Banks and financial institutions; amend
provisions.............................................................151, 179, 753, 818, 1738

INDEX

2903

HB 298--Georgia Bureau of Investigation; conform to certain federal law; finger printing; day-care applicants....................................... 151, 179, 653, 815
HB 299--Sales tax; exempt sales to housing authorities.............................151, 179 HB 300--State employees; deferred compensation;
amend provisions........................................................................... 152, 179 HB 301--Health insurance; certain school employees
and state employees; amend provisions...................................... 152, 179 HB 302--Children adjudicated delinquent;
information provided to school principals................................... 152, 179 HB 303--American Heritage in Education Act; enact ................................. 152, 179 HB 304--Magistrate courts; criminal trespass; amend provisions ...............152, 179 HB 305--HOPE scholarships; redefine "eligible high school"....................... 152, 179
HB 306--Education; governing board members; increase training.................................................................... 153, 179, 346
HB 307--Judicial Retirement; chief magistrates; membership..................... 153, 179
HB 308--Quality basic education; end-of-course exams; student performance goals............................................... 153, 179
HB 309--Highways; emergency call boxes; place along 1-75 ........................153, 179
HB 310--Motor vehicles; radios and phones; due care of driver.................................................................................. 153, 179
HB 311--Sexual harassment; right of action; provisions .............................153, 179 HB 312--Real estate appraisers; amend
provisions.................................................. 154, 179, 271, 309, 1775, 2044 HB 313--Eminent domain; certain assessors; cost limitation ...................... 154, 179 HB 314--Hospitals; acquisitions and dispositions;
amend provisions........................................................................... 154, 179
HB 315--Essential Rural Nonemergency Transportation Provider Access Act; enact................................. 154, 179
HB 316--Certificate of need; exempt certain home health agency services........................................................ 154, 179
HB 317--Deposit account fraud; restitution; certain bank fees ..............................................154, 179, 329, 1578, 2084
HB 318--Driving under the influence; driver improvement program; amend provisions...... 171, 198, 653, 1010, 2207
HB 319--State purchases; certain bidding information; display on Internet.................................................. 171, 198
HB 320--Income tax; certain gross income omission; delete assessment.......................................................................... 171, 198
HB 321--Driver's license; certain revocation; limited driving permits................................................................. 171, 198
HB 322--Nonprescription drugs; sales tax exemption ................................. 171, 198
HB 323--State purchases; bid requirements; exceptions; certain publication..................................................... 171, 198
HB 324--Transportation grants; speed humps; prohibit consideration ................................................................... 172, 198
HB 325--Retirement income; income tax exemption ................................... 172, 198 HB 326--Private detective and security agencies;
amend provisions................................................................. 172, 198, 1181 HB 327--Pine straw sales; business license or
tax identification number............................................................. 172, 198 HB 328--County boards of health; certain drugs
provided to minors; prohibition; exception ................................. 172, 198 HB 329--Woman's Right to Know Act; enact.............................................. 172, 198
HB 330--Center for Trade and Technology Transfer; board of directors; provisions............................ 173, 198, 404, 651, 1738
HB 331--Ticket sales; certain athletic and entertainment events; amend provisions................... 173, 198, 271, 362

2904

INDEX

HB 332--Catoosa County; tax commissioner; clerical help ......................................................................173, 198, 226, 226, 2639
HB 333--Motor vehicle emission inspections; exempt certain vehicles................................................................. 173, 198
HB 334--Manchester, City of; elections; mayor and
council..................................................................173, 198, 296, 297, 1540 HB 335--Fireworks;
redefine........................................................................ 173, 198, 923, 1648 HB 336--Augusta-Richmond County; certain
meetings; mandatory attendance................................ 173, 198, 226, 226 HB 337--Criminal bond sureties; increase
compensation amount.................................. 174, 198, 226, 258, 282, 367 HB 338--Seat belts; nonrestraint of certain
children; define offense................................................................. 174, 198 HB 339--Clerks of court; civil actions;
certain forms; prohibition............................................................. 174, 198 HB 340--Subpoenas; witness fees and mileage;
amend provisions................................................................... 174, 198, 753 HB 341--Appeals; grounds for dismissal; exclusion............................ 174, 198, 1022
HB 342--Retirement Savings Protection Act; enact ....................................174, 198 HB 343--Driver training; certain provisions;
exclude certain schools............................................. 175, 198, 1075, 1668 HB 344--Marriage; ceremonies in foreign nations;
licensing; effect.............................................................................. 175, 198 HB 345--Medical practice; certain titles and
terms; include "physician"............................................................ 175, 198 HB 346--Tax assessments; appraisers; inspection
of property...................................................................................... 175, 198 HB 347--County boards of equalization; certain
appeals; burden of proof............................................................... 175, 198 HB 348--Ad valorem tax; exempt certain boats,
motors, and trailers; referendum................................................. 175, 198 HB 349--Governor's appointees; reside full-time in state................... 175, 198, 1022 HB 350--Chatham County; homestead
exemption ...................................................................... 176, 198, 226, 227 HB 351--State examining boards; require members
reside in state............................................................. 176, 198, 593, 1008 HB 352--Traffic and municipal courts; certain
municipalities; jail booking fees........... 176, 198, 348, 1040, 1151, 1194 HB 353--Psychologists; certain drugs; authority to prescribe...................... 176, 198 HB 354--Juvenile proceedings; certain parent-
child communication; privileged................................................... 176, 198 HB 355--Joint county and municipal sales tax;
distribution requirements............................................................. 177, 198 HB 356--Motor vehicle franchise practices;
amend provisions..................................... 177, 198, 348, 665, 2143, 2505 HB 357--Teachers Retirement; certain prior
service; creditable service............................................................. 177, 198 HB 358--Teachers disabled or killed by act
of violence; benefits....................................................................... 177, 198 HB 359--Motorcycles; headgear requirement;
amend provisions................................................................... 177, 198, 653 HB 360--Richmond County; state court
personnel...............................................................177, 198, 226, 229, 358 HB 361--Southeastern Railway Museum; official
state transportation history museum......................... 192, 224, 356, 421 HB 362--Cruelty to animals; comprehensive
revision of provisions .................................................................... 192, 224

INDEX

2905

HB 363--Speed limits on certain highways; increase; trucks; maximum limit................................................. 192, 224
HB 364--Small business inventory; ad valorem tax exemption ...................192, 224
HB 365--Certain homes for the disabled; ad valorem tax exemption........................................................193, 224, 1274
HB 366--Wills, trusts, and estates; amend provisions..................................................................... 193, 224, 806, 1219
HB 367--Stone Mountain Memorial Association; membership..................... 193, 224 HB 368--Ad valorem tax; certain members of
armed forces; exempt vehicles...................................................... 193, 224 HB 369--Corporations; amend venue provisions .........................................193, 224
HB 370--Civil practice; certain cases; venue..................................................................194, 224, 593, 1005, 2446
HB 371--Courts; superior courts; law clerks; law assistants; court administrators................ 194, 224, 233, 326, 1738
HB 372--Georgia Veterinary Practice Act; enact......................................... 194, 224 HB 373--Absentee ballots; mailing by registrars; deadline.......................... 194, 224 HB 374--Health insurance; coverage for
contraceptives.................................................. 194, 224, 1083, 1514, 2084
HB 375--Indigent Care Trust Fund; require use in accordance with law ................................................................. 194, 224
HB 376--Driver's license; implied consent; notice on application and license............................................................ 195, 224
HB 377--Driver's license; seizure, suspension, and revocation; certain offenses................................................... 195, 224
HB 378--Dublin-Laurens County Recreation Authority; create ...................................................................195, 224, 244, 245, 1033
HB 379--Alimony and child support; enforcement; certain withholding; social security number on license applications, vital records, certain subpoenas, child support orders; copy of official marriage license...................................... 195, 224
HB 380--Health; durable power of attorney; certain form; repeal notice requirement..................................... 195, 224
HB 381--Local government; certain residential construction; qualified business enterprise.............................................................195, 224, 586, 769, 1898
HB 382--Bingo; increase prize amount....................................................... 196, 224 HB 383--Ad valorem tax; willful failure to
pay; 10 percent penalty ........................................................196, 224, 808 HB 384--Stone Mountain Memorial Association;
purposes; contracts; improvement fund ...................................... 196, 224 HB 385--Certain Holocaust benefits; income tax exemption........................ 196, 224 HB 386--Bail enforcement agents; licensing and regulation........................ 196, 224 HB 387--Firearms; specially trained handgun license................................. 196, 224
HB 388--Tobacco companies; deposits in certain escrow accounts ......................................... 197, 224, 225, 404, 583, 1898
HB 389--State contracts; sovereign immunity; computer failure; authority ..........................................................219, 243
HB 390--Employees' Retirement; certain tax officials; age plus creditable service............................................ 219, 243
HB 391--Counties and municipalities; service delivery agreements; state funds.................................................219, 243
HB 392--Sheriffs' Retirement; certain prior service; creditable service............................................................. 219, 243
HB 393--Sheriffs' Retirement; spousal death; increase benefit..............................................................................220, 243
HB 394--Fleeing or attempting to elude police; felony................................ 220, 243

2906

INDEX

HB 395--Fleeing or attempting to elude police; amend felony provisions ...............................................................220, 243
HB 396--Schools; certain deficiencies and weaknesses; action plans to address...........................................220, 243
HB 397--Northeastern Judicial Circuit; add judge.....................................................................220, 243, 403, 608, 2207
HB 398--Maps and plats; certain zoning ordinance; approval before acceptance........................................220, 243
HB 399--Certain water and sewer systems; certain contracts; counties and municipal ities; authorization .................................... 221, 243, 302, 723, 918, 2084
HB 400--Professional engineers and land surveyors; certification; exempt certain Depart
ment of Transportation employees ..............................................221, 243 HB 401--Local government authorities; suspension
of members; felony indictment.................................... 221, 243, 653, 744 HB 402--Local governing authorities; volunteer
firefighters serve as members......................................................221, 243 HB 403--Gilmer County Family Connection
Commission; create.............................................221, 243, 272, 273, 2207 HB 404--Lumpkin County; land use and zoning
regulations; advisory referendum .....................221, 243, 272, 273, 1540 HB 405--Drug-related nuisances; actions to abate
and enjoin; amend provisions....................................................... 222, 243 HB 406--Housing authorities; provide for
resident commissioners........................... 222, 243, 586, 863, 2296, 2493 HB 407--Child custody; children 12 and 13 years
of age; certain rights.................222, 243, 1283, 1579, 2296, 2494, 2578 HB 408--Methamphetamine; trafficking; bailable
only before superior court............................................ 222, 243, 348, 388 HB 409--Certain farm equipment; ad valorem tax exemption..............222, 243, 243 HB 410--Ad valorem tax; values established by
appeal; increase certain time limit.............................................. 223, 243 HB 411--Emergency Telephone System Fund;
allow certain payments................................................................. 223, 243 HB 412--Snellville, City of; homestead exemption;
certain residents.................................................223, 243, 272, 273, 1297 HB 413--Guardian ad litem; services; probate
court judge fix fee.......................................................................... 223, 243 HB 414--Guardian and ward; temporary guardian
ship of minor; dissolution ..........................................223, 243, 806, 1414 HB 415--Agency; appointment of guardian of
property; effect on written and financial powers of attorney...................................... 223, 243, 753, 1415 HB 416--Durable power of attorney for health care; appointment of guardian.................................. 224, 243, 806, 1415 HB 417--Juvenile proceedings; mental competency of child; amend provisions...............................224, 243, 356, 1596, 2084 HB 418--Effingham County; board of commissioners; compensation.......................................................224, 243, 272, 273, 1773 HB 419--Motor vehicles; title requirements; exclude certain older model vehicles...................................236, 270, 653 HB 420--Commercial driver training; certain expenses; recovery by local units................................................. 236, 270 HB 421--Motor vehicles; definitions; records access by regulated persons; titles for older vehicles; failure to appear in traffic case.............................. 236, 270, 653, 864, 2381, 2596

INDEX

2907

HB 422--Income tax; certain liability on joint returns; provide relief ...................................................................236, 270
HB 423--Traffic offenses; jurisdiction; bureau procedures; penalties.................................................... 237, 270, 387, 865
HB 424--Divorce; marriage irretrievably broken; amend provisions...........................................................................237, 270
HB 425--Education; honors program; certain outof-state students ............................................................................ 237, 270
HB 426--Education; origins of life; presentation of scientific theories ...................................................................... 237, 270
HB 427--Cobb Judicial Circuit; judges and chief judge; supplement .....................................237, 270, 296, 297, 2207
HB 428--Contraceptives for spontaneous abortion; prohibit certain distribution......................................... 237, 270
HB 429--Mortgage; failure to transmit cancel lation; liability of grantee........................................237, 270, 1283, 1574
HB 430--Candler County; state court judge and secretary; compensation.............................238, 270, 724, 725, 1033
HB 431--Court reporters; amend provisions...............................................238, 270 HB 432--Telephone solicitation; prohibited
calls; exclude certain brokers or agents...................................................................... 238, 270, 923, 1380 HB 433--Cobb County; state court solicitorgeneral; compensation........................................238, 270, 296, 297, 2208 HB 434--Property Tax Credit Act of 1999; enact........................................238, 270
HB 435--Financial institutions; lawyers' trust accounts; certain duties ................................................................ 238, 270
HB 436--Cuthbert, City of; new charter.................................................................239, 270, 296, 297, 2449
HB 437--Pelham, City of; city council and board of education; districts................................239, 270, 296, 297, 767
HB 438--Income tax; credit; certain corporations; assignment to affiliated corporation...............239, 270, 808, 1108, 2084
HB 439--Motor vehicles; registration periods; international Registration Plan; apportionable vehicles; fees...............................239, 270, 348, 421, 1898
HB 440--Public Employees' Retirement 401(k) Plan; establish.................... 239, 270 HB 441--Ad valorem tax; nonresident soldiers
and sailors; motor vehicle tax situs ............................................239, 270 HB 442--Driver's license; under age 21; revocation;
reissuance; limited permits........................ 239, 270, 271, 653, 751, 768 HB 443--Property abutting lake; certain
information; disclosure to buyer ..................................................240, 270 HB 444--Child safety restraints; certain
violations; points; driver's license suspension ..............................................240, 270, 348, 387, 1899 HB 445--Elections; probation or parole officers as deputy registrars ..............................................................240, 270, 347
HB 446--Ad valorem tax; spouse of certain military personnel; homestead exemption.................................. 240, 270
HB 447--Income tax; increase retirement income exclusion ........................241, 270 HB 448--Stone Mountain, City of; homestead
exemption; certain residents .............................241, 270, 296, 297, 1540 HB 449--Stone Mountain Memorial Association;
exercise police powers; appoint peace officers............................................................... 241, 270, 807, 1571 HB 450--Education; additional instructional time; inclement weather............................................................... 241, 270

2908

INDEX

HB 451--Judges of the Probate Courts Retirement; dues; amend provisions.................................................................241, 270
HB 452--Judges of the Probate Courts Retirement; dues; amend provisions................................................................. 241, 270
HB 453--Judges of the Probate Courts Retirement; senior judge; right of benefit........................................................ 242, 270
HB 454--Judges of the Probate Courts Retirement; dues; amend provisions................................................................. 242, 270
HB 455--Georgia Rail Passenger Overview Committee; membership..........................................................................242, 270, 1085
HB 456--Detention facilities; out-of-state
prisoners; require certain approval........................ 267, 295, 1084, 1613 HB 457--Employees' Retirement; creditable
service; prior part-time service ....................................................267, 295 HB 458--Counties and municipalities; rock
quarries near water systems; prohibition.........................................................267, 295, 754, 1043, 2208 HB 459--Occupation taxes and regulatory fees; amend provisions; coin operated amusement machines....................267, 295, 302, 754, 1413, 2086, 2166 HB 460--HOPE scholarships; semester system transition; scholarship extension .......................................268, 295, 1422 HB 461--Probation; revocation; certain service
of sentence...................................................................................... 268, 295 HB 462--Pharmacies in certain stores;
signs...................................................................268, 295, 923, 1203, 2084 HB 463--Tobacco lawsuit; proceeds to Indigent
Care Trust Fund............................................................................ 268, 295 HB 464--House of Representatives; multi-member
districts; General Assembly; membership and apportionment........................................................................ 268, 295 HB 465--Seat belts; amend provisions .......................................................269, 295 HB 466--Driver's license and identification card; fingerprinting; prohibit................................................................. 269, 295 HB 467--Unfair business practices; promotional offers; prohibit certain fees........................................ 269, 295, 923, 1647 HB 468--Georgia Radio Utility Act; repeal..........................................269, 295, 923 HB 469--Special license plates; Purple Heart; include trailers............................................................................... 269, 295 HB 470--The Victims' Reimbursement Act of 1999; enact............................................................................... 269, 295, 404, 861 HB 471--Probation; revocation; amend provisions................................270, 295, 807 HB 472--Industrial loans; regulation by commissioner of banking and finance.........................................290, 321 HB 473--Congressional elections; cumulative voting in multiple-member districts............................................290, 321 HB 474--Supplemental appropriations; FY 1998-99; department of Labor ..........................................290, 321, 414, 741, 2446 HB 475--General Assembly; certain state officials; daily expense allowance........................................................290, 321, 414 HB 476--Motor vehicles; certain drug test; define "full information".................................................................................... 291, 321 HB 477--Atlanta, City of; residential enter prise zones; change effective date.......... 291, 321, 593, 594, 1740, 1833 HB 478--Atlanta, City of; commercial enter prise zones; change effective date.....................291, 321, 593, 594, 1738 HB 479--Certain vending machine sales; sales tax exemption ....................291, 321 HB 480--County excise tax; severance of solid minerals.............................291, 321

INDEX

2909

HB 481--Financial institutions; prohibit certain fingerprint requirement................................................................ 291, 321
HB 482--Contributing to delinquency of minor; amend penalty provisions.......................................... 291, 321, 414, 1047
HB 483--Atlanta, City of; certain enterprise zones; authority to change effective date.......................................................292, 321, 593, 594, 1739
HB 484--Atlanta, City of; residential enterprise zones; change effective date.......................................................292, 321, 593, 595, 1739
HB 485--Lottery prizes; recovery of certain public assistance............................................................................292, 321
HB 486--Bell-Forsyth Judicial Circuit; unify courts....................................292, 321 HB 487--Insurance; certain premium increases;
require 60 days' notice................................................. 292, 321, 653, 743 HB 488--Physician's assistants; certain
prescriptions; permit number.......................................................292, 321 HB 489--Ad valorem tax; notice of assessment;
information and disclosures.......................................................... 293, 321 HB 490--Voting; amend provisions.............................................................293, 321 HB 491--General Assembly and county officials;
nonpartisan election...................................................................... 293, 321 HB 492--Mental health; children and adolescents;
resources to provide service .........................................................293, 321 HB 493--Public Employees' Retirement 401(k)
plan; establish................................................................................ 293, 321 HB 494--Rock quarries; operation; geologic impact study ...........................293, 321 HB 495--Georgia Firefighters' Pension Fund;
certain death benefit.....................................................................294, 321 HB 496--Special plates and parking; handicapped
persons; amend provisions....................................... 294, 321, 1084, 1669 HB 497--Public buildings; handicapped access;
Safety Fire Commissioner regulate............................................. 294, 321 HB 498--Dangerous instrumentalities; prohibit
certain instructional communication...................................294, 321, 387 HB 499--Excise tax; hotels and motels; amend
provisions................................................................................294, 321, 808 HB 500--Controlled substances; certain convictions;
prohibit appeal bond.................................................. 294, 321, 348, 1626 HB 501--Peace Officers' Annuity and Benefit;
certain drug enforcement officers; membership eligibility................................................................... 318, 336 HB 502--Water well contractors and drillers; bonds and letters of credit .........318, 336, 723, 1394, 2380, 2530, 2639 HB 503--Laser beams and pointers; prohibitions........................................ 318, 336 HB 504--Tax collectors and commissioners; independent audits..................318, 336 HB 505--HOPE scholarship eligibility; Pell grant recipients .......................319, 336
HB 506--Quality basic education; certain foreign language instruction; funding; grants.............................................................................319, 336, 652, 783
HB 507--Public Service Commission; basic local exchange calling areas; amend provisions..................................................................... 319, 336, 923, 1488
HB 508--Lake Allatoona Preservation Authority; create ...................................................................319, 336, 383, 384, 2449
HB 509--Georgia Conservation District Act; enact............................................................................. 319, 336, 754, 1408

2910

INDEX

HB 510--Local boards of education; certain public school construction contracts; bids.....................................................319, 336, 346, 390, 2446
HB 511--Public records; disclosure; exempt certain 911 records........................................................................320, 336
HB 512--Landlord and tenant; payments into court registry; possession of property.......................................... 320, 336
HB 513--Insurance fraud; victims age 60 and older; increased penalties ............................................320, 336, 653, 784
HB 514--Ad valorem tax; increase personal property; exempt small boats........................................................................ 320, 336
HB 515--Deferred Presentment Act; enact .................................................320, 336 HB 516--Mechanics' tools; ad valorem tax exemption.................................331, 355 HB 517--Ski Area Safety Act; enact ...................................................331, 355, 714 HB 518--Taxes; certain interest;
disposition.................................................................. 331, 355, 1076, 1448 HB 519--Judges of the Probate Courts Retirement;
chief magistrate; membership...................................................... 331, 355 HB 520--Transportation, Department of; enforcement
officers; drug detection dogs; certain enforcement powers..................................... 332, 355, 1085, 2459 HB 521--Driver's license and identification card; fingerprinting; prohibit........................................................ 332, 355 HB 522--Fiscal notes; amend provisions.............................................................332, 355, 654, 854, 2446 HB 523--Ad valorem tax; local fair share funds; amend provisions.......................................... 332, 355, 1076, 1488 HB 524--Income tax; certain credits; transfer duties to revenue commissioner.................................. 332, 355, 654, 794 HB 525--Local government; certain undertakings; exclude solid waste facilities .......................................332, 355, 593, 776 HB 526--Teachers Retirement; certain early retirement penalty; eliminate....................................................... 332, 355 HB 527--State Defense Force; change name to State Guard.......................333, 355 HB 528--Sales tax; exempt certain dyed diesel fuel.............................333, 355, 355 HB 529--Motor vehicle accident reports; prohibit certain public disclosure............................................................... 333, 355 HB 530--Elections; amend provisions............................................................333, 355, 426, 688, 2379,
2465, 2529, 2592, 2592, 2660, 2710 HB 531--Elections; optical scanning equipment;
amend provisions..................................... 333, 355, 426, 702, 2379, 2566 HB 532--Crimes against person; require bystander assistance....................334, 355 HB 533--Seat belts; include certain pickup trucks......................................334, 355
HB 534--Domestic relations; certain cases; appeal to Georgia Supreme Court .....................................334, 355, 1084
HB 535--General Assembly; environmental legislation; require fiscal note......................................................334, 355
HB 536--State Guard; workers' compensation; wages; special plates..................................................................... 334, 355
HB 537--Local option sales tax; certain counties; prohibit certain reduction of proceeds......................................... 334, 355
HB 538--Schools; parents choose school within system...............................335, 355
HB 539--Alcoholic beverages; furnishing to persons under age 21; prohibitions; exception........................... 335, 355
HB 540--Inmates; incarceration costs; reimburse ment to counties ..................................................................350, 380, 1182

INDEX

2911

HB 541--Agricultural Commodity Commission for peanuts; property; powers .................................350, 380, 586, 775, 1773
HB 542--Telephone solicitation; caller state business name and number................................................350, 380, 1181
HB 543--Judicial Retirement System; Employees' retirement; transfer of certain contributions ..................................................................................350, 380
HB 544--Danielsville, City of; mayor and council; amend provisions................................................351, 380, 414, 415, 2639
HB 545--Insurance; countersignatures; when required ........................351, 380, 935 HB 546--Motor vehicles; certain drivers'
information; electronic access by insurers..................................351, 380 HB 547--Cobb County; state court clerk and
chief deputy; compensation................................351, 380, 414, 415, 2449 HB 548--Probate court judges; serving as
magistrate or chief magistrate; minimum salaries; increases.............. 351, 380, 1023, 1444, 2380, 2616 HB 549--Minimum wage; gradual increase; calculation by Department of Labor............................................351, 380 HB 550--Schools; persons age 18 by September 1; prohibit enrollment..................................................... 352, 380, 805, 1594 HB 551--Certain diabetic monitoring equipment; sales tax exemption...............................................................352, 380, 380 HB 552--State court judges; qualifications; increase experience requirement............................... 352, 380, 653, 1013 HB 553--Local government; homeowner tax relief grants; ad valorem tax credits................. 352, 380, 381, 654, 737, 1774 HB 554--Fannin County; homestead exemption; certain residents.................................................353, 380, 414, 415, 2451 HB 555--Twiggs County; board of commissioners; compensation; expenses .......................... 353, 380, 414, 416, 1438, 1744 HB 556--Income tax; liability on joint returns; innocent spouse relief.................................................................... 353, 380
HB 557--State tree protection law; establish..................................................................... 353, 380, 1422, 1557
HB 558--Excise tax; certain counties and munici palities; authorize levy................353, 380, 808, 1036, 2088, 2483, 2578
HB 559--Newnan Convention Center Authority; create .......................................................... 353, 380, 414, 724, 725, 1033
HB 560--Evidence; privileged medical information; raw research data; limit discovery and admissibility...................................354, 380, 653, 1261, 2086, 2156
HB 561--Professional employer organizations; provisions.................................................. 354, 380, 723, 915, 2086, 2151
HB 562--Bad checks; damages; include certain bank fees ...........................................................354, 380, 753, 1579, 2085
HB 563--Georgia Military Pension Fund; create.........................................375, 412 HB 564--Natural Resources, Board of; category I
dams; fees.................................................................... 375, 412, 723, 1265 HB 565--Jury lists; revision; prohibit use of
registered voters list .....................................................................375, 412 HB 566--State employees' health insurance plan;
include certain public retirees................................. 375, 412, 1075, 1456 HB 567--Sales tax exemptions; housing authorities;
certain nonprofit organizations; wheelchairs; gas.....................................................................375, 412, 413

2912

INDEX

HB 568--Sales tax exemptions; housing authorities; certain religious organizations; certain nonprofit organizations; wheelchairs; gas.....................................................................376, 412, 413
HB 569--Employees' Retirement; define certain term.................................376, 413 HB 570--Teachers Retirement; define certain term..................................... 376, 413 HB 571--Table wine; certain receipt and transfer;
license not required.......................................................................377, 413 HB 572--Local government; certain construction
projects; competitive bidding........................................................377, 413 HB 573--MARTA; operating cost exclusions;
interest income ......................................................... 377, 413, 1023, 1491 HB 574--Railroad crossings; repair, maintenance,
and construction; restrictions.......................................................377, 413 HB 575--Nursing facility child care centers; provisions ..............................377, 413 HB 576--Cooperative library projects; certain
agencies; funding......................................................377, 413, 1274, 1495 HB 577--Optometrists; continuing education
requirements; certain date .......................................378, 413, 923, 1677, 2075, 2162, 2528, 2640
HB 578--Tires; certain fees; extend certain time limit; reports to General Assembly ....... 378, 413, 723, 913, 2086, 2518
HB 579--Tag agents; modernization and technology; funding...................... 378, 413 HB 580--Law enforcement; chiefs and agency heads;
training; peace officers; Juvenile justice Department; county probation systems.........................................378, 413, 923, 1270, 2144, 2631, 2649 HB 581--Driver's license; persons under age 21; driver education course................................................................. 378, 413 HB 582--Income tax; certain debts; authorize setoff against refund..................................................................... 378, 413 HB 583--Income tax credit; certain qualified child care expenses........................................................................ 379, 413 HB 584--Guilty plea; alien or naturalized citizen; understand impact...............................................................379, 413, 1182 HB 585--Transportation, Department of; certain capital projects; authorize participation................................................................379, 413, 924, 1041 HB 586--Health care professionals; scope of practice ...................................................................... 379, 413, 1284, 1627 HB 587--Probationary driver's license; replacement fee.................................................379, 413, 413, 1084, 1647 HB 588--License plates; certain antique vehicles; display...................................................................................380, 413, 1084 HB 589--Schools; in-school suspension; parental notification...................................................................................... 405, 430 HB 590--Fulton County; certain taxes; establish single due date.......................................................... 405, 430, 1084, 1085 HB 591--Local Government Code Enforcement Boards Act; enact........................................................................................406, 430 HB 592--Sales tax; contractors; eliminate certain withholding..................................................................................... 406, 430 HB 593--Judicial Retirement; juvenile court judges; county supplement ...........................................................406, 430 HB 594--Deposit account fraud; certain warrants; amend provisions...........................................................................406, 430

INDEX

2913

HB 595--Mental health, mental retardation, and substance abuse boards; appoint ment confirmations........................................................................406, 431
HB 596--HOPE scholarship eligibility; Pell grant recipients.............................................................................. 406, 431
HB 597--Superior court clerks; make available certain real estate indices .........................................406, 431, 806, 1261
HB 598--Georgia Welfare to Work Tax Credit; enact..................................407, 431
HB 599--Legislative Retirement; deceased or divorced spouse; allowance........................................................... 407, 431
HB 600--Mental health therapists; associate mental health therapists; licensing.............................................407, 431
HB 601--Income tax; joint returns; retirement income exclusion............................................................................407, 431
HB 602--Auctioneers; qualifications for licensure .......................................407, 431 HB 603--Villa Rica, City of; municipal court;
imposition of penalties..................................................................407, 431
HB 604--Breast Cancer Patient Care Act; enact........................................................ 408, 431, 935, 1643, 2087, 2616
HB 605--Improved Student Learning Environment and Discipline Act of 1999; enact........ 408, 431, 805, 1159, 2088, 2532
HB 606--Decatur, City of; board of education; reconstitute; powers .............................................408, 431, 593, 595, 767
HB 607--Income tax credit; active members of Georgia National Guard ...............................................................408, 431
HB 608--Motor vehicles; emission inspection stations; certain fee...............................................................408, 431, 723
HB 609--Ad valorem tax; certain municipalities; authorize certain contracts...........................................................408, 431
HB 610--Income tax credit; employer provided or sponsored child care; depreciation............................................ 409, 431, 808, 1045, 1775, 2049
HB 611--Counties and local school districts; homeowner tax relief grants ........................................................409, 431
HB 612--Obscene material; include sound recordings .................................409, 431 HB 613--Georgia Crime Information Center; certain
criminal records; electronic dissemination..........................409, 431, 714 HB 614--Employees' Retirement; Public Safety;
training Center; Georgia Emergency management Agency; certain employees..................................... 409, 431 HB 615--Judges of the Probate Courts Retirement; dues; amend provisions.................................................................409, 431
HB 616--Public retirement systems; minimum funding standards; comply with federal law ......................... 410, 431, 753, 1260
HB 617--Public Retirement Systems Investment Authority Law; enact .................................................410, 431, 806, 1207
HB 618--Special county 1% sales tax; major capital equipment........................410, 431, 808, 1041, 2088, 2381, 2580
HB 619--Ad valorem tax deferral; senior citizens; certain counties.............................................................................. 410, 431
HB 620--Ad valorem tax; nonprofit corporations; exempt certain leased property.................................................... 410, 431
HB 621--State Properties Commission; certain purchases; limited exception ........................................................410, 431
HB 622--Ad valorem tax; appeals; notice; additional information................................................................... 410, 431
HB 623--Ad valorem tax; certain mobile homes; assessed value........................................................... 411, 431, 1274, 1653

2914

INDEX

HB 624--Ad valorem tax; appeals; notice; additional information................................................................... 411, 431
HB 625--Special county 1% sales tax; consoli dated governments ........................................................................ 411, 431
HB 626--Special county 1% sales tax; hospital or indigent patient care services .................................................411, 431
HB 627--Tax collectors and commissioners; compensation; additional increase ................411, 431, 1023, 1447, 2446
HB 628--Schools; student discipline reports; file with State Board of Education.............................................. 411, 431
HB 629--Magistrate courts; certain fees; amend provisions ........................412, 431 HB 630--State entities; inventory of leased
space; submit to Department of Administrative Services ............................................... 412, 431, 714, 779 HB 631--Medical assistance; inpatient hospital claims; payment..........................................................412, 431, 805, 1451 HB 632--Cartersville, City of; certain utilities; amend provisions.................................428, 592, 662, 663, 1088 HB 633--State minimum standard codes; exclude Standard Fire Prevention Code .....................................428, 592 HB 634--Dental hygienists; licensure; qualifications.......................... 429, 592, 1532 HB 635--Driving under the influence; penalties; clinical evaluation and treatment; fines....................................................................429, 592, 807, 1049, 2085
HB 636--Insurance; risk-based capital levels; exemptions; jurisdiction........................ 429, 592, 935, 1452, 2379, 2521
HB 637--Landlord and tenant; default on certain leases; rent acceleration................................................................429, 592
HB 638--Divorce; insurance policies; parties file copies with court.....................................................................429, 592
HB 639--Driving under the influence; certain violators; vehicles subject to forfeiture........................................ 429, 592
HB 640--Legal proceedings; request elected judge of superior or state court ...................................................429, 592
HB 641--Bulloch County; tax commissioner; compensation.......................................................430, 592, 662, 663, 1899
HB 642--Family violence restraining orders; contempt; exclusion .................................................... 430, 592, 807, 1462
HB 643--Juries; certain personnel; amend provisions .................................430, 592 HB 644--Suwanee, City of; new
charter .................................................................430, 592, 662, 663, 1437 HB 645--Special plates; United States armed
forces Georgia veterans................................................................. 588, 661 HB 646--Dialysis facilities and technicians;
licensing; inspections..................................................................... 588, 661 HB 647--Baldwin County; board of education;
membership.........................................................588, 661, 724, 732, 1033 HB 648--State and local governments; certain
vehicles; identifying markings...................................................... 588, 661 HB 649--Controlled substances; certain activities
near park or housing project; penalties .................................................................... 589, 661, 1023, 1496 HB 650--Natural Resources, Board of; powers and duties; animal matter rendering plants........................................................................... 589, 661, 935, 1394 HB 651--Reckless endangerment of a child; define offense .........................589, 661
HB 652--Richmond County; board of tax assessors; membership.........................................................589, 661, 724, 732, 1033

INDEX

2915

HB 653--Special plates; Nongame-Endangered wildlife Program; proceeds ...........................................................589, 661
HB 654--Employees' Retirement; certain district attorney investigators; creditable service ...................................589, 661
HB 655--Meriwether County; board of education; per diem allowance.............................................589, 661, 724, 732, 1034
HB 656--Insurance; transactions by certain financial institutions ..................................................................... 590, 661
HB 657--Land-disturbing activities; repeal certain permit requirements ..............................................590, 661, 1181
HB 658--Georgia Commission on Women; absences; residency requirement.............................................. 590, 661, 1023, 1656
HB 659--Penal institutions; telephones; amend provisions..........................590, 661 HB 660--Local government; certain recreational
property; environmental testing....................590, 661, 1023, 1640, 2208 HB 661--Cherokee County; board of elections and
registration; membership terms........................591, 661, 724, 732, 1088 HB 662--Labor organizations; certain political
contributions; regulate.................................................................. 591, 661 HB 663--Magistrate courts; civil jurisdiction;
increase to $7,500.......................................................................... 591, 661 HB 664--Courts; venue; forum non conveniens;
amend provisions...........................................................................591, 661 HB 665--Child custody; child age 10 to 14; court
consider child's wishes.................................................................. 591, 661 HB 666--Sign language and intermediary interpreters;
services ........................................................................................... 591, 661 HB 667--Uniform Transfer on Death Security
Registration Act; enact .................................................................592, 661 HB 668--State employees; health insurance; changes
conform to Administrative Procedure Act.............. 656, 722, 1023, 1609 HB 669--Cable television; easements; landlord
and tenant; tenants' choice of cable service............................... 656, 722 HB 670--Health insurance; policy cards; require
certain information..................................................... 656, 722, 935, 1457 HB 671--Stalking; certain restraining orders;
contempt; exclusion .............................................................656, 722, 1182 HB 672--Voter Choice and Election Access
Reform Act of 1999; enact ..................................................657, 722, 1283
HB 673--Junction City, Town of; new charter.................................................................657, 722, 763, 764, 1088
HB 674--Maximum speed limits; vehicles having more than 6 wheels.......................................................................657, 722
HB 675--Driver's license; certain suspension; terminate upon guilty plea...................................................657, 722, 722
HB 676--Special plates; veterans; eliminate certain fees.....................................................................................657, 722
HB 677--State employees; grievance system; amend provisions...........................657, 722, 752, 805, 1498, 2379, 2488
HB 678--Port vehicles; registration and licensing; dimensions and weight; exemptions.........................................................658, 722, 924, 1101, 2208
HB 679--Trucks; certain insurance coverage; amend provisions..................658, 722 HB 680--Macon Water Authority Act; additional
provisions.................................................. 658, 722, 763, 764, 2487, 2500
HB 681--Crabs and crabbing; amend provisions...........................................................658, 722, 763, 1104, 1899

2916

INDEX

HB 682--Corporations; certain electronic documents; amend provisions.............................................658, 722, 1084
HB 683--Insurance; certain discounts; timely refunds; penalties.......................................................................... 658, 722
HB 684--Homestead exemption; disabled veterans; clarify exemption amount.............................................................659, 722
HB 685--Trucks; prohibited use of left lanes; exception.....................659, 722, 1085
HB 686--Quality basic education; limitedEnglish-proficient students; midterm adjustment................................................. 659, 722, 1075, 1459
HB 687--Sheriffs; qualifications; amend provisions.....................................659, 722 HB 688--Fulton County; state court; chief
clerk; court administrator..............................659, 722, 1182, 1183, 1739 HB 689--Judicial Retirement System; State
Court of Fulton County; judges and solicitors-general.................................................................... 659, 722
HB 690--Fulton County; magistrates; number and appointment.............................................660, 722, 1182, 1183, 1739
HB 691--Thomas County; board of commissioners; compensation; officers ........................................660, 722, 763, 766, 1088
HB 692--Thomas County Emergency Services Board; create ...................................................................660, 722, 763, 766, 1088
HB 693--Varnell, City of; amend provisions.............................................................660, 722, 763, 766, 1089
HB 694--Natural Resources, Board of; change membership........................660, 722 HB 695--World Congress Center Authority; board
of governors; additional members.................660, 722, 1023, 1269, 1899 HB 696--Industry, Trade, and Tourism, Board
of; membership; powers...................... 660, 722, 1181, 1442, 1497, 1899 HB 697--Union County; chief magistrate;
partisan election.................................................661, 722, 763, 767, 1089 HB 698--Schools; construction project teams;
include educator............................................................................. 716, 762 HB 699--Local government; service delivery
strategies; state service delivery regions; regional development centers ........716, 762, 1023, 1202, 2381,
2542, 2580, 2637, 2637, 2657, 2710 HB 700--Muscogee County; state court; solicitors-
general.................................................................716, 762, 807, 808, 1297 HB 701--Houston Judicial Circuit; terms of
court...........................................................................717, 762, 1022, 1195 HB 702--Secured transactions; collateral;
certain repossession....................................................................... 717, 762 HB 703--Bankruptcy; homestead exemption; spouses
filing jointly.................................................................................... 717, 762 HB 704--Greene County Family Connection
Commission; add member..................................717, 762, 807, 808, 1297 HB 705--Medical assistance; certain hospital
emergency claims; payment.......................................................... 717, 762 HB 706--Motor vehicles; tag service companies;
certain records access..........................................................717, 762, 1084 HB 707--Teachers Retirement; certain creditable
service; National Science Foundation.......................................... 717, 762 HB 708--Summons; waiver of service; amend provisions ............................ 718, 762 HB 709--Union Point, City of; corporate
limits....................................................................718, 762, 807, 808, 1297
HB 710--Siloam, Town of; mayor and council; concurrent terms.................................................718, 762, 807, 809, 1297

INDEX

2917

HB 711--Rome, City of; recreational facilities authority; create .................................................718, 762, 936, 937, 1297
HB 712--Child molestation; include certain telephone conversations................................................................ 718, 762
HB 713--State Children's Trust Fund and Commission; date of repeal...........................718, 762, 1022, 1613, 2208
HB 714--State courts; certain cities; judges; funds .....................................718, 762 HB 715--Public School Employees Retirement; 30 years of
service.............................................................................................719, 762 HB 716--Automobile carriers; redefine designated
highways...................................................................... 719, 762, 924, 1103 HB 717--Audiologists; licensing exemption;
certain infant screening; special licensing of certain retired physicians ...............................719, 762, 923,
1147, 2380, 2609, 2650 HB 718--Hindering apprehension or punishment
of criminal; include misdemeanors....................................719, 762, 1023 HB 719--Animal control board; certain hearings;
delete restriction..................................................................719, 762, 1423 HB 720--State government; lobbying services;
prohibit public funds........................................719, 762, 762, 1181, 1549 HB 721--Trion, City of; homestead exemption;
certain residents.................................................720, 762, 807, 809, 1190 HB 722--Low-voltage contractors; continuing
education; criminal records checks.............................................. 720, 762 HB 723--Waycross-Ware County; unified government;
create........................................................ 720, 762, 807, 809, 1298, 1779 HB 724--Ware County; board of commissioners;
repeal Act creating.............................................720, 762, 807, 809, 1297 HB 725--Waycross, City of; charter; repeal Act
creating................................................................720, 762, 807, 809, 1297 HB 726--Effingham County; state court judge and
solicitor-general; compensation .........................721, 762, 807, 809, 1190 HB 727--Seat belts; failure to use; not
considered as evidence of causation or to calculate damages............721, 762, 1084, 1551, 2380, 2529, 2593 HB 728--Webster County; commissioner districts; redefine................................................................755, 804, 936, 937, 1297 HB 729--Augusta Port Authority; membership.....................................................756, 804, 1024, 1024, 1899 HB 730--Troup County; coroner and chief deputy; compensation.........................................756, 804, 936, 937, 1297 HB 731--Development authorities; removal of members .............................756, 804 HB 732--Patient's Right to Independent Review Act; enact.............................................. 756, 804, 1175, 1505, 2085, 2155 HB 733--Augusta Canal Authority; membership.....................................................756, 804, 1024, 1025, 1540 HB 734--Secretary of State; examining boards; amend provisions......................................................756, 804, 1022, 1203 HB 735--Jefferson County; board of commissioners; expense allowances.............................................756, 804, 936, 937, 1437 HB 736--Counties and municipalities; sanita tion service suppliers; prohibit certain liens.................................................................................... 757, 804 HB 737--County building authorities; certain cities; redefine "project"; amend provisions................................757, 804 HB 738--Peace officer; redefine..................................................................757, 804

2918

INDEX

HB 739--East Ellijay, City of; new charter .................................................................757, 804, 936, 937, 2449
HB 740--Boxing; amend provisions...................................................757, 804, 1181 HB 741--Kerosene and gasoline pumps; certain
tax information; require decals....................................................757, 804
HB 742--Brantley County; commissioners; compensation...................................................758, 804, 1024, 1027, 1437
HB 743--Elections; challenge of electors; poll watchers; number and training.................................................... 758, 804
HB 744--Registered nurse first assistants; establish provisions....................................................................... 758, 804
HB 745--Bibb County; probate court judge; nomination and election.................................758, 804, 1732, 1767, 1768
HB 746--Property; satisfaction of certain indebtedness; recordation time limit...........................................758, 804
HB 747--Unemployment; employer contributions; allow certain suspension............................................................... 758, 804
HB 748--Conditioned air contractors; certain cease and desist orders; repeal provisions.................................. 759, 804
HB 749--Complementary and Alternative Health Care Freedom of Access Act; enact .............................................759, 804
HB 750--Foster homes; licensing; require submission of fingerprints....................................................759, 804, 804
HB 751--National Crime Prevention and Privacy Compact; ratify ......................................................................759, 804, 804
HB 752--Cigarettes; sales and distribution; amend provisions............................................760, 804, 1076, 1376, 1899
HB 753--Cedartown, City of; development authority; additional members............................................760, 804, 936, 938, 1297
HB 754--Natural Resources, Department of; certain employees; delete benefits exemption ...............................................................................760, 804, 935
HB 755--State service delivery regions; reclassify certain counties........................................ 760, 804, 1075, 1385
HB 756--Teachers Retirement; classroom teachers; early retirement............................................................................. 760, 804
HB 757--Tourism; high-tech products; certain tax credits....................................................................................... 760, 804
HB 758--Assisted living facilities; enact provisions.....................................761, 804 HB 759--Barrow County; board of education;
redistricting.....................................................797, 932, 1024, 1028, 1438
HB 760--Cornelia, City of; homestead exemption........................................................797, 932, 1024, 1028, 1438
HB 761--Teachers Retirement; board provide survivors benefit................... 797, 932
HB 762--Barrow County; board of commissioners; redistricting.....................................................797, 932, 1024, 1029, 1438
HB 763--Firefighter's Pension; retirement allowance.................................. 797, 932
HB 764--Judicial Retirement; change of employment; continuation of membership..................................798, 932
HB 765--Judicial Retirement; board provide survivors benefit....................798, 932
HB 766--Employees' Retirement; certain judicial circuit employees; membership.................................................... 798, 932
HB 767--Employees' Retirement; temporary fulltime employees; creditable service............................................... 798, 932
HB 768--Cobb County; sheriffs employees; compensation...................................................798, 932, 1024, 1029, 1438
HB 769--Cobb County; juvenile court; designation of second judge.................................................................799, 932, 1024, 1029, 1438

INDEX

2919

HB 770--Occupational Regulation Review Law; repeal...............................799, 932 HB 771--Effingham Family Connection Commission;
create...............................................................799, 932, 1024, 1029, 1438 HB 772--Employees' Retirement; certain school
system employees; creditable service ..........................................799, 932 HB 773--Write-in votes; computation and certifi
cation; amend provisions ..............................................................799, 932 HB 774--Voters' certificates; electors lists;
retention and preservation...........................................................799, 932 HB 775--Absentee ballots; certain government
buildings; use for receiving and voting....................................................................................... 799, 932 HB 776--Polling places; closing; repeal certain advertising requirement................................................................800, 932 HB 777--Voter registration; driver's license locations; receipt............................................................................ 800, 932 HB 778--Absentee ballots; single application for mailings; elector request.........................................................800, 932 HB 779--Workforce Reinvestment Act of 1999; enact...................................................... 800, 932, 1174, 1382, 2089, 2531 HB 780--Richmond County; board of education and superintendent.....................................800, 932, 1024, 1029, 2639, 2639 HB 781--Richmond County; board of education; membership.....................................................800, 932, 1024, 1029, 1899 HB 782--Judicial sales; publication of notices; official organs; amend provisions..................801, 932, 1075, 1204, 2446 HB 783--Oconee County; board of education; compensation...................................................801, 932, 1024, 1030, 1540 HB 784--Health Access Improvement Act; enact ........................................762, 804 HB 785--Juvenile proceedings; information presented to judge; format and contents...................................................................................801, 932 HB 786--Juvenile courts; certain employees; policy and procedures manual .....................................................801, 932 HB 787--Chiropractors; scope of practice; allow acupuncture ......................................................................... 801, 932 HB 788--Life insurance; certain annuities; amend provisions............................................801, 932, 1083, 1460, 2446 HB 789--Cobb County; tax commissioner's employees; compensation...............................802, 932, 1024, 1030, 1438 HB 790--Proceedings of quia timet; certain notices; delete certain signature requirement..........................................802, 932 HB 791--Marriage ceremonies; mayors perform; foreign nations; amend provisions.......................................802, 932, 932 HB 792--Trucks; retail installment contracts; allow certain document fees......................................................... 802, 932 HB 793--Driver's license; amend provisions ......................................802, 932, 1084 HB 794--DeKalb County; sheriff; compensation............................................................. 803, 932, 1532, 1533 HB 795--DeKalb County; certain employees; method of employing................................................ 803, 932, 1430, 1431 HB 796--DeKalb County; employees; certain salary deductions......................................................803, 932, 1024, 1031 HB 797--Commerce and trade; electronic business communication; prohibit recording.............................................. 803, 932 HB 798--High schools; interscholastic sports events; charter requirements .......................................................803, 932

2920

INDEX

HB 799--Peace Officers' Annuity and Benefit; reemployment of retirees............................................................ 926, 1021
HB 800--Special instructional assistance programs; local boards identify most needy ...............................................926, 1021
HB 801--Income tax credits; certain low-emission vehicles; certain electric chargers..............................................926, 1021
HB 802--Real estate company franchises; license requirements ................................................................... 926, 1021
HB 803--Certain roads leading to cemeteries; prohibit abandonment................................................................. 927, 1021
HB 804--Supreme Court; terms; ending dates......................................................................... 927, 1021, 1283, 1627
HB 805--Richmond County; certain officials; compensation........................................................... 927, 1021, 1182, 1184
HB 806--Stewart County; board of commissioners; chairperson ....................................................927, 1021, 1084, 1086, 1541
HB 807--State-owned golf courses; require sale........................................ 927, 1021
HB 808--Department of Corrections Inmate Construction Program; limit projects........................................ 927, 1021
HB 809--Taxicab self-insurers; certain exception; change certain date................................................928, 1021, 1083, 1400
HB 810--Monroe, City of; franchises; define gross revenue............................................... 928, 1021, 1074, 1182, 1184, 1704
HB 811--Randolph County; superior court; change terms........................................................... 928, 1021, 1283, 1555
HB 812--Blindness education, screening, and treatment programs; establish....................928, 1021, 1084, 1568, 2446
HB 813--Public Safety, Department of; certain tobacco laws; enlist minors to test compliance ..................................................................928, 1021, 1175
HB 814--Acupuncture Act of Georgia; enact............................................. 928, 1021 HB 815--Claims against state; amend provisions .....................................929, 1021
HB 816--Conditioned air contractors; cease and desist orders; certain activities; repeal provisions................................... 929, 1021, 1396, 1678
HB 817--Self-service storage facilities; amend provisions.......................... 929, 1021
HB 818--Insurance; certain policy cancellation; notice not required................................................. 929, 1021, 1083, 1378
HB 819--Insurance; certain medical information; confidentiality...............................................929, 1021, 1021, 1283, 1556
HB 820--Hospital authorities; strategic options study; require for state funds ....................................................930, 1021
HB 821--Lee County; board of elections and registration; create .......................................930, 1021, 1084, 1086, 1541
HB 822--Natural gas service; market conditions; Public Service Commission initiate certain proceedings............................ 930, 1021, 1022, 1181, 1524, 1899
HB 823--Motor vehicles; temporary license plates........................................................................ 930, 1021, 1084, 1620
HB 824--Pulaski, Town of; new charter.........................................................1016, 1083, 1182, 1184, 1704
HB 825--Carroll County; chief magistrate; state court judge; election...................................1016, 1083, 1182, 1184, 1704
HB 826--Heidi's Law; enact................................................................... 1016, 1083
HB 827--Murray County; chief magistrate; compensation............................................... 1017, 1083, 1182, 1184, 1704
HB 828--Murray County; superior court clerk; tax commissioner; compensation............... 1017, 1083, 1182, 1185, 1704

INDEX

2921

HB 829--Jackson County; water and sewerage authority; powers........................................1017, 1083, 1182, 1185, 1774
HB 830--Marriage; mayors perform ceremonies ..................................... 1017, 1083 HB 831--Muscogee County; board of education;
compensation............................................... 1017, 1083, 1430, 1431, 1774 HB 832--Alpharetta, City of; homestead
exemption....................................................1017, 1083, 1532, 1534, 1900 HB 833--Jefferson, City of; public building
authority; create .........................................1017, 1083, 1182, 1185, 1900 HB 834--Villa Rica, City of; municipal court;
penalties ......................................................1018, 1083, 1182, 1185, 1705 HB 835--Teachers Retirement; membership; amend provisions............... 1018, 1083 HB 836--Luthersville, City of; new
charter.........................................................1018, 1083, 1182, 1185, 1705 HB 837--Trespass; damage to property; when
cause of action accrues ............................................................. 1018, 1083 HB 838--Riverdale, City of; homestead exemption;
raise income ceiling; certain citizens........ 1018, 1083, 1182, 1187, 1705 HB 839--Newton, City of; new
charter.........................................................1018, 1083, 1182, 1186, 1739 HB 840--Georgia Military College; funding
through Department of Technical
and Adult Education.......................................................1018, 1083, 1274 HB 841--Health records; certain drug test
reports; rights of minors........................................................... 1019, 1083 HB 842--Cobb County; probate court clerk;
compensation............................................... 1019, 1083, 1182, 1186, 1705 HB 843--Cobb County; board of commissioners;
compensation...............................................1019, 1083, 1182, 1186, 1705 HB 844--Counties and municipalities; certain
property; eminent domain ..........................................................931, 1021 HB 845--Johnson County; board of elections
and registration; create................................931, 1021, 1084, 1086, 1541 HB 846--State Construction Industry Licensing
Board; redefine certain terms.................................................. 1019, 1083 HB 847--Pension obligation bonds; requirements;
issuance; purchase.................................................. 932, 1021, 1181, 1443 HB 848--Driver's license; driving while
suspended or revoked; increase certain penalty........................................................................... 1019, 1083 HB 849--Lamar County; homestead exemption; certain residents......................................... 1019, 1083, 1284, 1285, 1739 HB 850--Convicted persons; remain in county while preparing appeal............................................................. 1019, 1083 HB 851--Hancock County; board of commissioners; compensation...............................................1020, 1083, 1182, 1186, 1739 HB 852--Human Resources, Department of; certain temporary care of child; court authorization not required.... 1020, 1083, 1174, 1378, 2085, 2145 HB 853--County law libraries; certain counties; certain court cost....................................................... 1078, 1180 HB 854--Partial-birth abortion; prohibit; penalties; exceptions.................................................................. 1078, 1180 HB 855--Special license plates; bobwhite quail; antique vehicles; firefighters......... 1078, 1180, 1284, 1553, 2143,
2384, 2488, 2528, 2580, 2692, 2710 HB 856--Cobb County; state court judges;
compensation............................................... 1078, 1180, 1284, 1285, 2447

2922

INDEX

HB 857--Cobb County; state court; add judge............................................................. 1079, 1180, 1284, 1286, 2073
HB 858--Private ways; easements of necessity; increase width............... 1079, 1180 HB 859--Legislative Retirement; certain
general Assembly members; membership............................... 1079, 1180
HB 860--Cobb County; state court clerk and chief deputy; compensation........................1079, 1180, 1284, 1286, 1739
HB 861--Murray County; county manager; sole commissioner...............................................1079, 1180, 1430, 1431, 1774
HB 862--State offices; telephones; immediate contact with live human being ................................................ 1079, 1180
HB 863--Disabled Adults, Elder Persons, and Vulnerable Adults Protection Act; enact....................................................................... 1079, 1180, 1396, 1619
HB 864--Controlled substances; dangerous drugs; seizures; use and disposition........................................ 1021, 1083
HB 865--Speed detection devices; radar; use in historic districts.................................................................... 1080, 1180
HB 866--Cobb County; education districts; change boundaries................................................... 1080, 1180, 1430, 1431, 2449
HB 867--Kennesaw, City of; corporate limits............................................................1080, 1180, 1284, 1286, 1739
HB 868--Alcoholic beverages; certain shipments into state; amend provisions.................................................... 1080, 1180
HB 869--Ware County; state court solicitorgeneral and judge; compensation..............1080, 1180, 1284, 1286, 1774
HB 870--Georgia Agricultural Facilities Authority Act; enact................. 1080, 1180 HB 871--Snellville, City of; corporate limits;
municipal offices; mayor and council ...........................1081, 1180, 1284, 1286, 1775, 1832
HB 872--Tobacco Community Development Board; create ...........................................................1081, 1180, 1422, 1615, 2447
HB 873--Motor vehicles; retail sales by dealers; identifying drive-out tags........................................... 1081, 1180
HB 874--Garden City, City of; homestead exemption.................................................... 1081, 1180, 1284, 1286, 2209
HB 875--Pooler, City of; homestead exemption.................................................... 1081, 1180, 1284, 1289, 2209
HB 876--Tybee Island, City of; homestead exemption....................................................1081, 1180, 1430, 1431, 2074
HB 877--Port Wentworth, City of; homestead exemption....................................................1082, 1180, 1284, 1291, 2209
HB 878--Rayle, Town of; mayor and council; staggered terms.......................................... 1082, 1180, 1284, 1293, 1739
HB 879--Waycross, City of; city commission; conveyance of city parks............................1082, 1180, 1284, 1293, 1774
HB 880--Vehicles and loads; length; width; weight................................. 1082, 1180
HB 881--Abandoned motor vehicles; certain pending claims; prohibit scrapping or disposal...................... 1176, 1282
HB 882--Emergency medical services; local governments; amend provisions............................................... 1177, 1282
HB 883--Fort Gaines, City of; plurality elections.......................................................1177, 1282, 1430, 1434, 2208
HB 884--Atkinson County; board of education; compensation............................................... 1177, 1282, 1430, 1434, 1774
HB 885--Whitfield County; board of commissioners; compensation............................................... 1177, 1282, 1430, 1434, 1774

INDEX

2923

HB 886--Motor vehicle accidents; duty to remove from roadway; amend provisions................................ 1177, 1282
HB 887--Firefighter's Pension; membership; definition; repeal certain provision.......................................... 1177, 1282
HB 888--Malt beverages; kegs; retail sales ............................................ 1177, 1282 HB 889--Upson County; board of commissioners
of roads and revenues; county manager and clerk...................................... 1178, 1282, 1430, 1434, 1774 HB 890--Insurance premium taxes; residents of military facilities; require certain agreement....................... . 1178, 1282 HB 891--Paternity orders; certain content regarding legitimacy; amend provisions.................................. 1178, 1282 HB 892--Juvenile courts; certain employees; include in classified service of merit system.......................... 1178, 1282 HB 893--Motor vehicle accident reports; disclosure; 10-day wait.............................................................. 1178, 1282 HB 894--State War Veterans' Home and Nursing home; admission; residency requirement ............1178, 1282, 1376, 1550, 2447 HB 895--Fitzgerald and Ben Hill County Development Authority; executive secretary................... 1179, 1282, 1430, 1434, 1774 HB 896--Fitzgerald-Ben Hill County Charter Commission; create..................................... 1179, 1282, 1430, 1434, 1775 HB 897--License plates; tag agents; fees and compensation ................... 1179, 1282 HB 898--Washington County; state court judge and solicitor; compensation............. 1277, 1429, 1532, 1535, 1900 HB 899--Valdosta-Lowndes County Conference Center and Tourism Authority; create.....1277, 1429, 1532, 1535, 2073 HB 900--Spalding County; board of commissioners; compensation...............................................1277, 1429, 1532, 1535, 1900 HB 901--Certain grass sod; sales tax exemption .................................... 1277, 1429 HB 902--Douglas County; airport authority; airport construction; referendum.............. 1277, 1429, 1532, 1535, 1900 HB 903--Catoosa County; board of utilities commissioners; amend provisions............. 1278, 1429, 1532, 1536, 1900 HB 904--Childhood Lead Exposure Control Act; enact....................................................................... 1278, 1395, 1429, 1658 HB 905--Attempting to remove weapon from certain peace officers; prohibit................................................. 1278, 1429 HB 906--Blythe, City of; mayor and council; staggered terms ..........................................1278, 1429, 1532, 1536, 2208 HB 907--Intersections; inoperative traffic lights; treat as four-way stop................................................... 1278, 1429 HB 908--Teachers Retirement; certain creditable service; military service interruption...................................... 1278, 1429 HB 909--Macon County; board of education; compensation............................................... 1279, 1429, 1532, 1536, 1900 HB 910--Buford, City of; homestead exemption...................................... 1279, 1429 HB 911--Child support; retroactive payment.......................................... 1279, 1429 HB 912--Bloomingdale, City of; homestead exemption....................................................1279, 1429, 1532, 1536, 2209 HB 913--Columbus, City of; marshal; abolish office; transfer powers to sheriff of Muscogee County .......................1279, 1429, 1532, 1536, 1900 HB 914--Medical assistance; range of benefits; payment amounts...................................................................... 1279, 1429 HB 915--Vernonburg, City of; homestead exemption.................................................... 1279, 1429, 1532, 1536, 1900

2924

INDEX

HB 916--Seat belts; children under age 4; redefine "passenger vehicle"...........................................1280, 1429, 1450
HB 917--Atlanta, City of; community improvement district; board vacancies ............................1180, 1282, 1767, 1768, 2447
HB 918--Fire Safety, Department of; create........................................... 1280, 1429 HB 919--Judicial Retirement; certain employees; membership................ 1280, 1429
HB 920--Haralson County; family connection authority; create .........................................1280, 1429, 1532, 1537, 1900
HB 921--Haralson County; homestead exemption; certain residents......................................... 1280, 1429, 1532, 1537, 1900
HB 922--Miller County; board of commissioners; districts........................................................1281, 1429, 1532, 1537, 1901
HB 923--Dougherty Judicial Circuit; judges; increase supplement...................................1281, 1429, 1697, 1699, 2073
HB 924--Statesboro, City of; franchises; authority to grant.......................................1281, 1429, 1532, 1537, 1901
HB 925--Statesboro, City of; mayor and council; terms............................................................1281, 1429, 1532, 1537, 1901
HB 926--Bulloch County; board of education; compensation............................................... 1281, 1429, 1532, 1537, 1901
HB 927--Education; pre-kindergarten enrollment; child of teacher or employee .................................................... 1281, 1429
HB 928--Cherokee County; parks and recreation authority; termination................................ 1425, 1530, 1697, 1699, 2073
HB 929--Covington, City of; posts; vacancies...................................................... 1425, 1530, 1697, 1699, 2073
HB 930--Peach County; board of commissioners; chairperson's compensation....................... 1425, 1530, 1697, 1700, 2073
HB 931--Whitfield County; homestead exemption; certain residents.........................................1425, 1530, 1697, 1700, 2075
HB 932--Cobb County; juvenile court judges; compensation............................................... 1425, 1530, 1697, 1700, 2208
HB 933--Pembroke, City of; council districts........................................................1426, 1530, 1697, 1700, 2074
HB 934--Librarians; certification; continuing education.......................... 1426, 1530 HB 935--Dangerous dogs; owners' liability insurance; amount................ 1426, 1530
HB 936--Pendergrass, Town of; corporate limits............................................................1426, 1530, 1697, 1700, 2074
HB 937--Counties and municipalities; rock quarries; prohibition.................................................................. 1426, 1530
HB 938--DeKalb County; civic center authority; members ...................................................... 1426, 1530, 1697, 1700, 2449
HB 939--Ad valorem tax; levy and millage rate; comprehensive revision of provisions...................................... 1426, 1530
HB 940--Carroll County; commissioners; compensation...............................................1427, 1530, 1697, 1700, 2074
HB 941--Carroll County; probate judge; nonpartisan election......................................................... 1427, 1530, 1697, 1697, 2074
HB 942--Gordon County; board of elections; provisions..................................................... 1427, 1530, 1697, 1701, 2074
HB 943--Douglas County; state court; create ...........................................................1427, 1530, 1697, 1701, 2074
HB 944--Douglas County; community improvement districts; members ......................................1427, 1530, 1697, 1701, 2074
HB 945--Education; Professional Standards Commission; amend provisions................................................ 1427, 1530
HB 946--Municipal streets; heavy truck traffic; prohibition...................................................................... 1427, 1530

INDEX

2925

HB 947--State medical research institutions;
sovereign immunity; certain limited waiver........................... 1427, 1530 HB 948--Madison, City of; homestead exemption;
certain residents......................................... 1428, 1530, 1697, 1702, 2075 HB 949--Buckhead, Town of; new
charter......................................................... 1428, 1530, 1697, 1702, 2074 HB 950--Colquitt, City of; new
charter.........................................................1428, 1530, 1697, 1702, 2074 HB 951--Perry, City of; corporate
limits............................................................1428, 1530, 1697, 1703, 2074 HB 952--Thunderbolt, City of; homestead
exemption....................................................1527, 1694, 1732, 1733, 2209 HB 953--Stephens County; state court; terms;
judge and solicitor; compensation............. 1527, 1694, 1732, 1733, 2208 HB 954--Mclntosh Reserve Historical Authority;
abolish.......................................................... 1527, 1694, 1732, 1733, 2209 HB 955--Stephens County; state court judge and
solicitor; compensation...............................1528, 1694, 1732, 1734, 2209 HB 956--Griffm-Spalding County Board of
Education; compensation ...........................1528, 1694, 1732, 1734, 2209 HB 957--Forsyth County; homestead
exemptions...................................................1528, 1694, 1732, 1734, 2451 HB 958--Judgments; interest; include certain
attorneys' fees and court costs.................................................1528, 1694 HB 959--Elections; pluralities; amend provisions ................................... 1528, 1694
HB 960--Gumming, City of; municipal court; create ...........................................................1528, 1694, 1732, 1734, 2449
HB 961--Forsyth County; board of commissioners; compensation...............................................1528, 1694, 1732, 1734, 2449
HB 962--Forsyth County; certain sheriffs employees; exempt from civil service system..............1529, 1694, 1732, 1734, 2449
HB 963--Lavonia, City of; corporate limits............................................................ 1529, 1694, 1732, 1734, 2209
HB 964--Local governments; bonds; require certain reports.................... 1529, 1694 HB 965--Savannah, City of; homestead
exemption.................................................... 1428, 1531, 1697, 1703, 2210 HB 966--Cusseta, City of; homestead
exemption.................................................... 1529, 1694, 1732, 1735, 2451 HB 967--School buses; load limit........................................................... 1529, 1694 HB 968--Douglasville, City of; new
charter......................................................... 1529, 1694, 1732, 1735, 2449 HB 969--Dougherty County; board of commissioners;
compensation...............................................1429, 1531, 1697, 1703, 2209 HB 970--Lithia Springs, City of; new
charter.............................................. 1529, 1694, 1732, 1735, 2452, 2546 HB 971--Public Safety, Department of;
Commercial Vehicle Safety and Inspection Division.................................................................... 1529, 1694 HB 972--Jasper County; water and sewer authority; create ........................................................... 1530, 1694, 1732, 1735, 2209 HB 973--Monroe County; coroner; compensation.................................... 1530, 1694, 1732, 1735, 2452, 2545 HB 974--Monroe County; homestead exemption; certain residents......................................... 1530, 1694, 1732, 1735, 2451 HB 975--Employees' Retirement; certain county employees; creditable service.................................................... 1692, 1730 HB 976--Cobb County; superior court deputy clerk; compensation....................................1692, 1730, 1767, 1769, 2449

2926

INDEX

HE 977--Pooler, City of; corporate limits...................................................................... 1692, 1730, 1767, 1769
HB 978--Teachers Retirement; certain overseas schools; creditable service......................................................... 1692, 1730
HB 979--Chatham County; board of commissioners; compensation............................................... 1530, 1694, 1732, 1735, 2210
HB 980--Meriwether County; public facilities authority; amend provisions......................1693, 1730, 1767, 1769, 2450
HB 981--Sugar Hill, City of; corporate limits...................................................................... 1693, 1730, 1767, 1769
HB 982--Joint Liberty County and City of Hinesville Vocational-Technical School Authority; create.............................1693, 1730, 1767, 1769, 2447
HB 983--Liberty County; board of elections; add member........................................................1693, 1730, 1767, 1770, 2447
HB 984--Invasion of privacy; unauthorized videotaping of another; prohibit............................................... 1693, 1730
HB 985--Bacon County; probate judge; serve as chief magistrate.......................................... 1693, 1730, 1767, 1770, 2450
HB 986--Tignall, Town of; mayor and council; staggered terms ..........................................1693, 1730, 1767, 1770, 2450
HB 987--Schools; students arrested on premises; prohibit return on same day................................... 1693, 1730
HB 988--Employees' Retirement; certain appellate court secretaries; creditable service........................ 1694, 1730
HB 989--Blue Ridge, City of; corporate limits................................................. 1694, 1730, 1767, 1770, 2452, 2501
HB 990--Houston County; board of education; compensation............................................... 1694, 1730, 1767, 1770, 2450
HB 991--Pierce County; board of commissioners; chairperson's compensation .......................1694, 1730, 1767, 1771, 2450
HB 992--Alma, City of; city council; staggered terms............................................................1694, 1730, 1767, 1771, 2450
HB 993--Schools; certain drug or tobacco use; random testing........................................................................... 1725, 1765
HB 994--Health records; rights of minors .............................................. 1725, 1765 HB 995--Certain digital broadcast equipment;
sales tax exemption................................................................... 1726, 1765 HB 996--Campus policemen; school security
personnel; law enforcement powers......................................... 1726, 1765 HB 997--State Licensing Board for General
Contractors; create .................................................................... 1726, 1765 HB 998--Radioactive material; transportation;
public Service Commission regulate........................................ 1726, 1765 HB 999--Teachers Retirement; membership; amend provisions............... 1726, 1765
HB 1000--Pierce County; board of education; compensation...................................................................1726, 1765, 2081, 2082, 2452, 2495, 2529
HB 1001--Brantley County; board of education; compensation...................................................................1727, 1765, 2081, 2082, 2452, 2496, 2529
HB 1002--Cobb County; state court solicitor; filling of vacancy......................................... 1727, 1765, 1892, 1894, 2450
HB 1003--Hall County; commission for children and families; create......................... 1727, 1765, 1892, 1894, 2452, 2499
HB 1004--Henry County; water and sewerage authority; compensation and powers........ 1727, 1765, 2178, 2180, 2450

INDEX

2927

HB 1005--Columbus, City of; municipal court; jurisdiction...................................................1727, 1765, 1892, 1894, 2450
HB 1006--Clayton County; state court; amend provisions............................................................... 1727, 1765, 1892, 1893
HB 1007--Clayton Judicial Circuit; district attorney; supplement.................................. 1727, 1765, 1892, 1894, 2447
HB 1008--Clayton County; board of education; compensation...............................................1728, 1765, 1892, 1894, 2447
HB 1009--Clayton County; sheriff; compensation.................................... 1728, 1765, 1892, 1894, 2212, 2284
HB 1010--Clayton County; board of commissioners; compensation.................................... 1728, 1765, 1892, 1895, 2212, 2284
HB 1011--Clayton County; coroner; expense allowance..................................................... 1728, 1765, 1892, 1895, 2447
HB 1012--Clayton County; tax commissioner; salary................................................ 1728, 1765, 1892, 1895, 2212, 2285
HB 1013--Clayton County; probate judge; deputy election superintendent................... 1728, 1765, 1892, 1895, 2212, 2286
HB 1014--Clayton County; state court officials; compensation.................................... 1728, 1765, 1892, 1895, 2212, 2288
HB 1015--Clayton County; superior court clerk; salary................................................ 1729, 1765, 1892, 1895, 2212, 2289
HB 1016--Clayton Judicial Circuit; judges; supplement..................................................1729, 1765, 1892, 1896, 2448
HB 1017--Clayton County; water authority; compensation...............................................1729, 1765, 1892, 1896, 2448
HB 1018--Walton County; board of commissioners;
reconstitute............................................................ 1729, 1765, 1892, 1896 HB 1019--Oconee County; board of education;
compensation............................................... 1729, 1765, 1892, 1896, 2450 HB 1020--Buford, City of; homestead exemption...................................... 1729, 1765 HB 1021--Springbrook Golf Course Commission;
create ........................................................... 1729, 1765, 1892, 1896, 2450 HB 1022--Dodge County; board of commissioners;
meetings; purchasing..................................1730, 1765, 1892, 1896, 2450 HB 1023--Chatham County; homestead
exemption.................................................... 1730, 1765, 1892, 1896,2210 HB 1024--Chatham County and Savannah, City of;
homestead exemption................................. 1730, 1765, 1892, 1897, 2210 HB 1025--Senior court reporter; provide for office.................................... 1763, 1891 HB 1026--Community trusts; death of life
beneficiary; distribution of proceeds........................................ 1763, 1891 HB 1027--Teachers Retirement; maximum creditable
service; 40 years plus unused sick leave................................ 1763, 1891 HB 1028--Teachers Retirement; creditable service;
certain private schools .............................................................. 1763, 1891 HB 1029--Structural pest control; Georgia
wood infestation inspection reports; requirements................................................................ 1764, 1891 HB 1030--Georgia Homeowner Protection Act; enact................................ 1764, 1891 HB 1031--Legislative Retirement; discretionary allowance increase..................................................................... 1764, 1891 HB 1032--Dangerous dogs; amend provisions........................................... 1764, 1891 HB 1033--Public Safety Employees' Twenty-Year retirement Plan; create............................................................. 1764, 1891 HB 1034--Jeff Davis County; board of commissioners; compensation............................................... 1764, 1891, 2081, 2083, 2451

2928

INDEX

HB 1035--Hazlehurst, City of; corporate limits............................................................1764, 1891, 2081, 2083, 2451
HB 1036--Crawford County; board of commissioners; compensation............................................... 1765, 1891, 2081, 2083, 2451
HB 1037--Teachers Retirement; beneficiaries; benefits increase................ 1889, 2080 HB 1038--Centralized Credentialing for Health
Care Practitioners Act; enact................................................... 1890, 2080 HB 1039--Subsequent Injury Trust Fund; reimburse
ment eligibility........................................................................... 1890, 2080 HB 1040--Surplus line insurance; broker's
failure to perform certain actions; penalty............................. 1890, 2080
HB 1041--Subsequent Injury Trust Fund; certain reports; late submission; penalty............................................. 1890, 2080
HB 1042--Burke County; board of education; compensation......................................................... 1890, 2080, 2178, 2180
HB 1043--Teachers Retirement; service in general Assembly; creditable service....................................... 2078, 2178
HB 1044--Counties; governing authorities; compensation......................... 2078, 2178 HB 1045--Physical therapy and physiotherapy; amend provisions ........... 2078, 2178 HB 1046--Judicial Retirement; certain transfer
of membership to Employees' Retirement System.................................................................... 2079, 2178 HB 1047--Inmates; medical treatment; reimbursements; limitation....................................................................................2079, 2178 HB 1048--Gwinnett County; board of commissioners................................ 1891, 2080 HB 1049--Gainesville, City of; redevelopment authority; additional powers .....................1891, 2080, 2178, 2180, 2451 HB 1050--Public Retirement Fiscal Safety Act of 2000; enact.................. 2079, 2178 HB 1051--Natural Resources, Department of; location of dams; provide to superior court clerks.............................................................2175, 2441 HB 1052--Employees' Retirement; certain county employees; creditable service.................................................... 2175, 2441 HB 1053--Covenants; certain subdivisions; automatic renewal................. 2175, 2441 HB 1054--Chief magistrates; minimum salaries; full-time service; delete provisions ..........................................2175, 2441 HB 1055--Arson; places of worship; certain surgical facilities; penalties......................................................2176, 2441 HB 1056--Credit cards; merchant discount rate; limit.............................. 2176, 2441
HB 1057--Insurance premiums; state tax computa tion; abatement or reduction....................................................2176, 2441
HB 1058--Income tax; Nazi persecution victims; exclude reparation income..............................................2176, 2441, 2441
HB 1059--Driver's license; persons under age 18; driver training course ...............................................................2177, 2441
HB 1060--Juvenile proceedings; violation of local curfew; declare unruly child............................................ 2177, 2441
HB 1061--HIV; certain contact by police or emergency personnel; expedite testing.................................... 2177, 2441
HB 1062--Nuisances; unfit structures; amend provisions ......................... 2177, 2441 HB 1063--Addiction counselors; licensing...........................................................2435 HB 1064--Complaints against officers; establish criteria .................................... 2435 HB 1065--Serious felony; define; sentencing requirements .................................2435
HB 1066--Elections; county and municipal registrars; compensation......................................................................2436
HB 1067--Counties and municipalities; utility easements; public notice and hearing................................................2436
HB 1068--Income tax; gradual reduction and abolishment................................. 2436

INDEX

2929

HB 1069--Medicare; certain recipients; prescription drug reimbursement............................................................................ 2436
HB 1070--Abusive litigation; frivolous actions and defenses; amend provisions..........................................................2436
HB 1071--Alarm systems monitoring contractors; regulation and licensure ..................................................................... 2436
HB 1072--Judicial Retirement; spouses' benefits; employee contribution ..........................................................................2437
HB 1073--Georgia Sheriffs' Cooperative Authority; create .................................. 2437 HB 1074--Sexual offenses; extensive revision of provisions.................................2437 HB 1075--Basic Bathroom Standards Act of 1999; enact....................................2437 HB 1076--Georgia Tort Claims Act; make applicable
to local governments ............................................................................2437 HB 1077--Fair business practices; certain motor
vehicles; prohibit representing as new...............................................2437 HB 1078--Expert witnesses; payment of reasonable fee.................................. ....2438 HB 1079--Public works construction contracts; amend provisions....................... 2438 HB 1080--State employees; certain overtime
compensation; prohibit waiver ........................................................... 2438 HB 1081--State Ombudsman Program for the
Protection of Children Act; enact ............................................2178, 2441 HB 1082--Stewart County; magistrate court............. ...... ...................................2438 HB 1083--Malt beverages and wine; authorize certain Sunday
sales...................................................................................................... 2438 HB 1084--Title insurance; amend provisions......................................................2438 HB 1085--Insurance; fees and taxes; amend provisions............................ 2178, 2441 HB 1086--Child under age 7 in designated smoking area;
prohibition .............................................................................................2439 HB 1087--Marriage; covenant marriage; contract between parties .....................2439 HB 1088--Judicial Retirement; membership election; certain
HB 1089^Iudges of the Probate Courts Retirement; membership dues................................................................................. 2439
HB 1090--Employees' Retirement; certain county employees; service credit .....................................................................2439
HB 1091--Employees' Retirement; service credit; certain military service....................................................................... 2439
HB 1092--Employees' Retirement; certain Department of Natural Resources employees; service credit .....................................................................2440
HB 1093--Public School Employees Retirement; optional plan............................ 2440 HB 1094--Public Employees' Portable Retirement; 401(k)
accounts .................................................................................................2440 HB 1095--Gwinnett County; board of commissioners...:.................................. ....2440 HB 1096--Standby Guardianship Act; enact ......................................................2440 HB 1097--Stalking; prohibit certain communications .........................................2440

PART

HOUSE RESOLUTIONS

HR

1--Ad valorem tax; fair market value;

acquisition date - CA ........................................................................53, 62

HR

2--Notify Senate; House convened...............................................................?

HR

3--Joint session; inauguration of

Governor and Lieutenant Governor ..................................................7, 54

HR

4--Rules of House; adopt........................................................................... 16

HR

5--Officials, employees, committees; relative to.......................................... 16

HR

6--Joint session; Governor's message................................................... 20, 62

HR

7--Joint session; message from Chief

Justice of Supreme Court................................................................. 21, 62

HR

8--Adjournment; relative to................................................................. 21, 62

HR

9--Education funding; repeal ad valorem

tax; impose 2% sales tax - CA.........................................................53, 62

HR

10--Ad valorem tax; millage rate limitation - CA.................................. 54, 62

HR

11--Education funding; impose state-wide

1% sales tax - CA..............................................................................54, 62

HR

12--Ad valorem tax; millage rate limitation - CA.................................. 54, 62

HR

13--Georgia DUI Study Commission; create.......................................... 54, 62

HR

14--Fields, Frank C.; commend................................................................... 54

HR

15--Springfield, City of; recognize bicentennial celebration.......................... 54

HR

16--"Effingham County Day"; recognize January 26, 1999........................... 55

HR

17--Harrison, Holmes, Jr.; commend...........................................................55

HR

18--Johnson, Mary Ella; commend.............................................................. 55

HR

19--Little, Leroy; commend......................................................................... 55

HR 20--Grinstead, Daryl L.; condolences........................................................... 55

HR 21--Kimsey, Willard; commend................................................................... 55

HR 22--Wayne County High School Lady

Jackets Softball Team; commend........................................................... 55

HR

23--Coleman, Ruth; condolences.................................................................. 55

HR

24--University of Georgia Women's

Gymnastics Team; invite to House........................................55, 100, 101

HR

25--Shapiro, Beth; invite to House............................................... 55, 100, 101

HR

26--Heiskell, Mrs. James M.; invite to House............................... 55, 180, 189

HR

27--Irwin County High School Lady

Indians Softball Team; invite to House ................................55, 336, 339

HR

28--Pearson, A. K; compensate............................................................. 62, 77

HR

29--Georgia Farm Bureau Federation;

invite president to House .......................................................69, 115, 116

HR

30--State Transportation Board; General

Assembly set term of office - CA.....................................................87, 99

HR 31--Patrick, Larry; compensate............................................................. 87, 99

HR 32--House Study Committee on Certified

Professional Midwifery; create .................................................87, 99, 763

HR 33--Coweta County Day at the Capitol;

designate January 28, 1999;

invite certain persons to House.............................................78, 115, 116

HR

34--Valdosta High School Football Team;

invite coaches to House ..........................................................79, 100, 101

2932

INDEX

HR

35--Richards, Horace L.; commend.............................................................. 79

HR

36--Jackson, Margaret Croft; commend....................................................... 79

HR

37--Stubbs, Robert; commend ..................................................................... 79

HR

38--Walton, Linda; commend ...................................................................... 79

HR

39--Combs, Sean "Puffy"; commend ............................................................ 79

HR

40--Willis, Honorable R. T. "Bobby"; commend ............................................ 79

HR

41--Jones, Shelby Craig "Corky"; commend................................................. 79

HR

42--Bates, Kermit F. "K", Jr.; commend ...................................................... 79

HR

43--Brimer, Duvall D.; condolences ............................................................. 79

HR

44--Jones, Diane; commend ........................................................................79

HR

45--House Home Construction and Repair

Study Committee; create ..................................................................87, 99

HR

46--Smith, Reverend and Mrs. Arthur H.; commend ................................... 79

HR

47--Stripling, Robert C.;

compensate ............................................................87, 99, 935, 1385, 2210

HR

48--Clements, Michael A.; invite to House ................................... 88, 100, 101

HR

49--Morrow, James Deveneau; invite to House............................. 88, 100, 101

HR

50--Southwest Georgia Academy Warriors

Football Team; invite to House..............................................89, 146, 159

HR

51--George Walton Comprehensive High

School; invite certain persons to House................................89, 180, 189

HR

52--Eaton, Anne Marie; invite to House....................................... 89, 131, 140

HR

53--Reeves, Daniel E. "Dan"; invite to House..............................................89

HR

54--Rules of House; add Rule 11A.......................................................98, 114

HR

55--Universal Declaration of Human Rights;

reaffirm support............................................................................... 98, 114

HR

56--Freeman, Kelcy Susannah; invite to House............................ 89, 100, 101

HR

57--C. F. "Coote" Mason Highway;

designate................................................................98, 114, 132, 165, 2210

HR

58--General bills increasing revenue;

two-thirds vote required - CA........................................................98, 114

HR

59--Tax relief; authorize General Assembly

provide by law - CA........................................................................99, 114

HR

60--Jones, Jennifer A.; compensate ......................................................99, 114

HR

61--Joint session; Governor's message;

invite Justices and Appeals Court Judges.................................. 100, 138

HR

62--Jenkins, Barbara Spear; invite to House...............................l01, 272, 302

HR

63--Wayne County High School Lady

Jackets Softball Team; invite to House............................... 101, 180, 189

HR

64--Braselton, Town of; invite mayor and

town council to House............................................................................l01

HR

65--Dudley, Ms. Eloise R.; commend......................................................... 102

HR

66--Silver-Haired Legislature; commend ................................................... 102

HR

67--Simpson, Brandi Jean; commend ........................................................ 102

HR

68--Concerned Black Citizens of Clayton County; commend ...................... 102

HR

69--Alien, Dr. Richard D.; condolences ...................................................... 102

HR

70--Jamerson, Dr. John William, Jr.; condolences ...................................... 102

HR

71--Edwards, Honorable Preston B., Jr.; condolences................................. 102

HR

72--Watson Joiner Farm; commend........................................................... 102

HR

73--International Paper; commend............................................................ 102

HR

74--Roach, Secresta A.; condolences.......................................................... 102

HR

75--Brown, Danny; condolences ............................................................... 103

HR

76--Kemp, Dr. Jean DeVard; commend...................................................... 103

HR

77--Senior Week at the Capitol; recognize................................................. 103

HR

78--Jenkins, Barbara Spear; commend...................................................... 103

HR

79--Glennville Major Girls Softball Team; commend.................................. 103

HR

80--Lesser, Craig S.; commend ................................................................. 103

INDEX

2933

HR

81--State budget; limit growth; excess

revenue uses - CA......................................................................... 113, 131

HR

82--Joint Highway Study Committee;

create ............................................................................. 113, 131, 296, 341

HR

83--House Study Committee on Early Child

hood Immunization; create...................................................113, 131, 763

HR

84--Joint Study Committee on Local

Law Enforcement Officer Salaries

and Benefits; create ..............................................................114, 131, 763

HR

85--Public schools and colleges; urge

change of certain mascots............................................................. 114, 131

HR 86--Y2K computer problems; urge Governor

take certain action......................................................................... 114, 131

HR

87--House Property Tax Study Committee; create.............................. 114, 131

HR

88--Tattnall Square Academy drama

department; invite certain persons to House ......................................102

HR

89--Tattnall Square Academy Boys

Football Team; invite to House .............................................................102

HR 90--Thrash, Elmore Callaway; condolences;

invite family to House ..........................................................102, 336, 339

HR

91--"Girls and Women in Sports Day";

recognize February 3, 1999; invite

certain athletes to House......................................................117, 180, 189

HR

92--Dougherty Comprehensive High School

Football Team; invite to House............................................ 117, 383, 385

HR

93--Carrollton Trojan Varsity Football

Team; invite to House...........................................................117, 158, 159

HR

94--Pearson, A. K.;

compensate........................................................130, 156, 935, 1387, 2210

HR

95--Dr. Pierce Gordon Blanchard Memorial

Highway; designate............................................130, 156, 244, 287, 2210

HR

96--State Commission on Drug Addiction;

create ......................................................................... 130, 156, 1531, 1618

HR

97--Federal budget; military funds; redistribute to states...................130, 156

HR

98--Pharmaceutical industry and government;

act to avert Y2K problems ...........................................................130, 156

HR

99--"African American Business Enterprise

Day"; invite Georgia Summit of African-

American Business Organizations to House....................... 144, 383, 385

HR 100--4-H Day at state capital; invite

Dr. Roger C. (Bo) Ryles to House........................................145, 180, 189

HR 101--Manuel, Trayvis; invite to House..........................................l45, 189, 189

HR 102--Doster, Katherine; commend............................................................... 166

HR 103--Willingham, Rebecca; commend .......................................................... 166

HR 104--Couch, Luke; commend....................................................................... 167

HR 105--Tate, Will; commend........................................................................... 167

HR 106--Bates, Nancy; commend...................................................................... 167

HR 107--Goodrich, Monique; commend ............................................................. 167

HR 108--Martin, Elizabeth; commend............................................................... 167

HR 109--Donahue, Lee; commend..................................................................... 167

HR 110--Fletcher, Will; commend..................................................................... 167

HR 111--Eason, Ken; commend ........................................................................ 167

HR 112--Carter, Jada; commend....................................................................... 167

HR 113--Stewart, John; commend..................................................................... 167

HR 114--Moore, Craig; commend...................................................................... 167

HR 115--Chitwood, Jason; commend................................................................. 167

HR 116--Bickmore, Lisa; commend................................................................... 167

HR 117--Wood, Kenny; commend...................................................................... 167

2934

INDEX

HR 118--Georgia Sports Hall of Fame Authority; invite to House .......................................................................................145
HR 119--Baldwin, Bibb, Chatham, Cobb, Floyd, Fulton, Houston, Long, Newton, Paulding, and Towns counties; grant easements....................................................155, 179, 244, 285, 734
HR 120--Quality Health Care Coalition Act; urge Congress enact..................................................... 155, 179, 271, 325
HR 121--Regional development center boundaries; ratify alteration ............................................................ 155, 179, 329, 359
HR 122--Cobb, Hall, and Laurens counties; convey property.................................................................155, 179, 244, 286, 734
HR 123--Georgia Association of Black State Universities; commend..........................................................158, 158, 159
HR 124--Alpha Theta Zeta Chapter of Zeta Phi Beta Sorority, Inc.; invite to House......................................................158
HR 125--Ad valorem tax; 20 mill limitation; all school systems - CA................................................................. 178, 198
HR 126--Appropriations; certain funds not lapse - CA ............................... 178, 198 HR 127--Cummings, Eustache; commend.......................................................... 167 HR 128--Resseau, Thomas Henry; commend..................................................... 167 HR 129--Key, Honorable W. Albert; condolences................................................ 167 HR 130--Wynn, John Harned; commend ........................................................... 167 HR 131--Driggers, Mary Grace and Simmie; commend...................................... 167 HR 132--Taylor, Allison Olmstead; commend .................................................... 168 HR 133--Wallace, Mrs. Genny; commend .......................................................... 168 HR 134--Dove, Jim; commend .......................................................................... 168 HR 135--Jolley, Floyd; commend....................................................................... 168 HR 136--Schildecker, Steve; condolences........................................................... 168 HR 137--Berkmar High School basketball team; commend................................ 168 HR 138--Parkview High School Panthers girls' soccer team;
commend................................................................................................. 168 HR 139--Parkview High School Panthers soccer team; commend ...................... 168 HR 140--Firefighters' Recognition Day; observe................................................. 168 HR 141--Haslup, Stuart; commend................................................................... 168 HR 142--Daniel, Dr. O. G.; commend................................................................ 168 HR 143--Thompson, Paul Edward, Jr.; commend............................................... 168 HR 144--Hannity, Sean Patrick; celebrate birth................................................ 168 HR 145--Higginbotham, Honorable A. Leon, Jr.; condolences............................. 168 HR 146--Jack Vaughan, Jr., Student Scholarship; commend.............................. 169 HR 147--"Kroger Day at the Capitol"; designate
February 1, 1999 ....................................................................................169 HR 148--Sports, Mrs. E. W.; commend.............................................................. 169 HR 149--St. Andrew's School Saints football team; commend............................ 169
HR 150--Achievers International - Georgia, Inc.; invite representatives to House...................................158, 383, 386
HR 151--Ad valorem tax; property values; date of acquisition - CA................................................................178, 198
HR 152--Ad valorem tax; property values; acquisition date - CA.................................................................... 178, 198
HR 153--Crime victims; protection, treatment, and restitution - CA..............................................................178, 198, 387
HR 154--Joint Manufactured Housing Study Committee; create......................................................... 178, 198, 662, 783
HR 155--Joint Study Committee on Health Care Treatment for Drug Abuse; create............................. 179, 198, 763
HR 156--Shaw, Robert; condolences.................................................................. 169

INDEX

2935

HE 157--Batson, Henry C.; compensate........................................................ 179, 198, 935, 1386, 2210
HR 158--Super Bowl victory agreement; Georgia and Colorado House Speakers................................................l90
HR 159--Maddox, John IV; commend................................................................ 190 HR 160--Cooper, Madia; commend.................................................................... 190 HR 161--Martin, Frank;
compensate........................................................197, 224, 935, 1388, 2210 HR 162--Major General Thomas Wayne Robison
Memorial Highway; designate........................... 197, 224, 273, 366, 2211 HR 163--Hampton, Kevin Todd; compensate.............................................. 197, 225
HR 164--Pilcher, Tony; compensate........................................................197, 225, 935, 1388, 2211
HR 165--J. Irvin Hendricks Highway; designate..................................197, 225, 356 HR 166--Andrew Jackson Ash Memorial Bridge;
designate............................................................197, 225, 356, 1421, 2211 HR 167--Metropolitan Atlanta Rapid Transit
Overview Committee; create .............................198, 225, 754, 917, 2448 HR 168--Senate; four-year terms - CA.......................................................198, 225 HR 169--Douglas, Hall, Tattnall, Dougherty,
Chatham counties; convey property; Cobb and Fulton counties and Hamilton County, Tennessee; grant
easements; Rabun County; lease property; Baldwin County; amend lease............................198, 225, 356,
785, 2379, 2549 HR 170--North Forsyth High School girls
softball team; invite to House.............................................................. 215 HR 171--American firearms industry; welcome to Georgia ................................ 215 HR 172--"Savannah Day" in Georgia; declare February 2, 1999......................... 215 HR 173--Alpha Kappa Alpha Sorority, Inc.;
invite certain persons to House ...........................................217, 272, 315 HR 174--Weeks, Carl Solana; commend............................................................ 215 HR 175--Douglas, Keith; commend ................................................................... 215 HR 176--Cooper, Madia; commend.................................................................... 216 HR 177--Wilson, Mr. and Mrs. Alfred E.; commend........................................... 216 HR 178--Hendrix, Kevin; commend .................................................................. 216 HR 179--Pregnancy Resource Center of Douglasville; commend......................... 216 HR 180--Manross, Laurel Elaine; commend...................................................... 216 HR 181--R. E. Lee Institute; commend............................................................. 216 HR 182--Ellijay Apple Marketing Association; commend ................................... 216 HR 183--Youmans, Coy E.; commend................................................................ 216 HR 184--Harden, Debra; commend................................................................... 216 HR 185--Bland, Major General William P., Jr.; commend.................................. 216 HR 186--McCullough, Brigadier General Thomas L.; commend ......................... 216 HR 187--Levy, Chantell; commend ................................................................... 216 HR 188--Rico, Adam; commend ........................................................................ 216 HR 189--Westbrook, Casey; commend............................................................... 216 HR 190--Gainesville Jaycees; early intervention
program for troubled teenage boys; commend ....................................216 HR 191--"Major Robert Hightower Day"; proclaim ............................................ 216 HR 192--Gray, Laura; commend....................................................................... 216 HR 193--Anderson, Reverend Willie, Sr.; condolences........................................ 216 HR 194--Reaves, Honorable Henry L.; commend............................................... 217 HR 195--Earl M. Baggs Highway; designate.......................................224, 243, 356 HR 196--Georgia PTA Day and National PTA
founders Day; declare February 17, 1999; invite president to House .....................................................232, 383, 386

2936

INDEX

HR 197--Walston, Suzette; invite to House .........................................232, 348, 359 HR 198--Alpha Kappa Alpha Sorority, Inc.;
invite Marjorie H. Young and Yvonne McBride to House....................................................232, 383, 386 HR 199--Voting; certain preclearance requirement; urge Congress repeal..................................................................... 242, 270 HR 200--Harris, Bernice D.; compensate........................................................242, 270, 935, 1388, 2211 HR 201--Initiative petition process - CA....................................................242, 270
HR 202--Ad valorem tax; millage rate; limit certain increase - CA ....................................................................242, 270
HR 203--Judges; certain campaign activities; prohibit disciplinary action - CA .................................................243, 270
HR 204--Baldwin, Meriwether, Rabun, and Sumter counties; convey property ..................................243, 270, 356, 739, 1775
HR 205--"Girls and Women in Sports Day"; recognize February 4, 1999; invite certain athletes to House ..........................................232, 272, 275
HR 206--Doss, Desmond T.; invite to House...................................................... 232 HR 207--Thunder Road USA-Georgia Racing Hall
of Fame; official Racing Hall of Fame................................................................243, 270, 547, 686, 1901
HR 208--Veterans Memorial Way; designate..............................................................270, 295, 356, 615, 2211
HR 209--"Rubert Hogan Bridge"; designate; "Raymond Lester Bridge"; designate.................................... 270, 295, 356, 424, 2088, 2516
HR 210--Bishop, Captain Robbie; condolences; invite Mrs. Lisa Bishop and children to House ..................................................................275, 383, 386
HR 211--Ellijay Apple Marketing Association; invite members to House......................................................275, 383, 386
HR 212--Lee County American All-Stars Dixie Youth Baseball Team; invite to House................................275, 547, 547
HR 213--Computers; schools and libraries; encourage certain Internet blocking software ............................295, 321
HR 214--"William Lovel Lanier, Sr., Highway"; "Dewey Pendley Bridge"; "Jondelle Johnson Drive"; designate................................................... 295, 321, 356, 423, 2088, 2598
HR 215--Joint West Georgia River Protection Act Study Committee; create...................................... 295, 321, 662, 793
HR 216--Harvey, O. Wallace; compensate ..................................................295, 321 HR 217--House Ovarian Cancer Study Committee; create...................295, 321, 763 HR 218--Burroughs, Louise; commend.............................................................. 302 HR 219--West Bridge Middle School; commend................................................. 302 HR 220--Standard Truck and Equipment Co., Inc.; commend............................ 302 HR 221--Williams, Kennon Loy; condolences..................................................... 302 HR 222--Mundy's Mill Middle School; commend ............................................... 302 HR 223--Blevins, Ms. Juli; commend ................................................................ 302 HR 224--Grace, Andy; commend....................................................................... 302 HR 225--Skrobko, Andrew; commend................................................................ 302 HR 226--Brown, Benjamin Daniel; honor.......................................................... 303 HR 227--Marelle, Coach Joe; commend............................................................. 303 HR 228--Georgia Peach Festival; commend....................................................... 303 HR 229--Foster, Fred; commend ....................................................................... 303 HR 230--Veterans of Foreign Wars of the United States;
recognize................................................................................................. 303 HR 231--McEntire, Dennis; commend............................................................... 303 HR 232--Fort Gaines Lions Club; commend ...................................................... 303

INDEX

2937

HR 233--Coleman, Carrol Ann; commend ......................................................... 303 HE 234--Hammond, Richard; commend ............................................................ 303 HR 235--Floyd, Rose; commend........................................................................ 303 HR 236--Hall, Velma Wooten; condolences ........................................................ 303 HR 237--Lewallen, Travis Clayton; commend.................................................... 303 HR 238--Crawford, Joseph P. "Joey"; condolences.......................................303, 337 HR 239--Fletcher, James H.; commend............................................................. 303 HR 240--Georgia Association of Educators;
designate February 8, 1999 as GAE Day at the Capitol ........................................................................303 HR 241--Rogers, Bob, ST.; commend.................................................................. 303 HR 242--Cook, Reverend Payton B.; condolences............................................... 303 HR 243--Harris, Dr. Herschel Billups; condolences............................................ 303 HR 244--Police chiefs and other law enforcement agencies; commend................................................................................................. 304 HR 245--Cannon, Sheriff Charles Marion; commend ......................................... 304 HR 246--Marietta Police Department; commend................................................ 304 HR 247--Woodstock Police Department; commend............................................. 304 HR 248--Gainesville Ballet Company; commend................................................ 304 HR 249--Camp, Chief Randy; commend............................................................ 304 HR 250--Georgia Bureau of Investigation; commend ......................................... 304 HR 251--Savannah St. Patrick's Day Parade Committee; invite chairman, grand marshal and representatives to House ...............................315, 383, 386 HR 252--Morehouse College; invite President Walter E. Massey to House..................................................315, 348, 359 HR 253--Darlington High School football team; invite to House..........315, 383, 386 HR 254--Harden, Debra; invite to House............................................315, 923, 987 HR 255--Stancil, Honorable Frank Earl, Sr.; invite to House ......................................................................315, 336, 339 HR 256--Shaw, Billy; commend ........................................................................ 304 HR 257--Environmental Protection Agency; pesticide risk evaluation; urge use of certain procedures............................................. 320, 336, 586, 740 HR 258--Jonesboro High School; invite principal and vice principals to House................................321, 724, 736 HR 259--Lassiter High School Marching Trojan Band; invite to House...........................................322, 1074, 1074 HR 260--Boards of education; impact fees; general Assembly authorize collection and use - CA.................................................................335, 355 HR 261--"Captain Robbie Bishop Memorial Highway"; designate.......................................335, 355, 1396, 1642, 2211 HR 262^Johnson, Coach Paul; invite to House ...................................322, 383, 386 HR 263--Albany-Dougherty County Day at the State Capitol; February 25, 1999; invite officials to House........................................................322, 806, 987 HR 264--Buildings accessible by ramp; urge automatic door openers............................................ 335, 355, 1695, 1853 HR 265--Thunder Road USA-Georgia Racing Hall of Fame; official Racing Hall of Fame......................................... 335, 355 HR 266--Georgia Forestry Commission; certain reforestation efforts; urge continuance....................... 354, 380, 382, 547 HR 267--Jean Anderson Intersection; designate............................................................354, 380, 924, 1421, 2211 HR 268--State court judges; increase law practice requirement - CA.........................................354, 380, 653, 1014

2938

INDEX

HR 269--Ad valorem tax; homeowner's incentive adjustment - CA........................ 355, 380, 381, 654, 738, 1775
HR 270--Driesell, Coach Charles "Lefty"; invite to House....................372, 383, 386 HR 271--Brunswick High School Pirates
Football Team; invite to House............................................372, 653, 665 HR 272--Zainaldin, Dr. Jamil S.; invite to House.............................................. 372 HR 273--Crews, David O.; commend................................................................. 373 HR 274--Landmon, Jerry; commend.................................................................. 373 HR 275--Lynn, Grace; commend....................................................................... 373 HR 276--Boyd, Tim; commend.......................................................................... 373 HR 277--Manget, Luke; commend..................................................................... 373 HR 278--Gwinnett County Police Department's
DUI Task Force; recognize.....................................................................373 HR 279--Mozley, James; commend.................................................................... 373 HR 280--Baumgartner, Andy; commend............................................................ 373 HR 281--South Fulton County Legislative Day at
the capitol; recognize February 11, 1999............................................ 373 HR 282--Jenkins, Mr. and Mrs. Carl; commend ................................................ 373 HR 283--"Motorcycle Awareness and You Month"
in Georgia; recognize May, 1999...........................................................373 HR 284--Mills, Galen; commend....................................................................... 373 HR 285--Edwards, Hallie Ward; commend ........................................................ 373 HR 286--Joint Study Committee on Gaming; create...................................380, 413 HR 287--Joint Study Committee on the Commission
Equal Opportunity; create............................................................ 380, 413 HR 288--Pleasant Springs area in Laurens
County; designate as community................................ 380, 413, 593, 595 HR 289--West Georgia Millennial Celebration; commend................................... 387 HR 290--Georgia Historical Records Advisory Board; commend......................... 387 HR 291--Glynn Academy High School football
team; invite to House............................................................403, 653, 665 HR 292--Gainesville High School; invite
championship teams to House .............................................403, 427, 433 HR 293--Atlanta Chapter, National Association
of Watch and Clock Collectors; invite certain individuals to House .................................403, 1887, 1902
HR 294--House Study Committee on Sexual Abuse of Children; create.............................................................412, 431
HR 295--Daniel, Dr. O. G.; invite to House.........................................426, 653, 665 HR 296--Barr, Bill; invite to House................................................426, 1376, 1442 HR 297--Camp, Mrs. Robbie; invite to House.................................. 426, 2442, 2453 HR 298--DeVard-Kemp, Dr. Jean; invite to House............................................. 426 HR 299--Regional development center boundaries;
ratify alteration ...................................................................430, 592, 1023 HR 300--Rules of House; add Rule 8A.......................................................430, 592 HR 301--Merica, Dr. and Mrs. Stanley Hill; honor............................................ 426
HR 302--Darlington Upper School Tigers Cross Country Teams; invite to House ...............................433, 763, 775
HR 303--Joint Mental Health, Mental Retarda tion, and Substance Abuse Service delivery Study Committee; create................................................ 592, 661
HR 304--Ashraf, Mohammed; compensate........................................................592, 661, 935, 1388, 2211
HR 305--Murphy, Speaker Thomas B.; express appreciation.............................. 546
HR 306--Good Samaritan Center of Douglas County, Inc.; commend................................................................................................. 546
HR 307--S.H.A.R.E. House, Inc.; commend........................................................ 546

INDEX

2939

HR 308--James Edward Oglethorpe; recognize certain anniversary; invite English visitors to House ......................................................................546
HR 309--Corley, Winnie Guthrie Cain; commend.............................................. 546 HR 310--Georgia National Guard Day; declare ................................................. 546 HR 311--Camp, Mrs. Robbie; commend............................................................. 546 HR 312--Jordan, James C., Jr.; condolences ...................................................... 546 HR 313--Malone, Roy; commend....................................................................... 546 HR 314--Hershovitz, Scott Adam; commend...................................................... 546 HR 315--Lee, Honorable William J.; recognize .................................................. 546
HR 316--Slaughter, Jasper Eugene; condolences ............................................... 546 HR 317--Burke, William James; condolences..................................................... 546 HR 318--Thomas, Will; condolences .................................................................. 546 HR 319--Williams, M. C.; condolences............................................................... 547 HR 320--"Health Care for Rural and Underserved
Georgians Day"; recognize .....................................................................547 HR 321--Keep Georgia Beautiful; commend...................................................... 547 HR 322--Smith, Dr. Henry Wilder; commend .................................................... 547 HR 323--Duke, Frank; commend ...................................................................... 547
HR 324--Courts; certain actions; allow stay or dismissal - CA...........................................................................592, 661
HR 325--"Neil Jordan Holton Hazardous Materials Training Facility"; designate...........................592, 661, 807, 1173, 2211
HR 326--Isakson, Johnny; invite to House..........................................652, 754, 775 HR 327--Lindsey, James Hugh; invite to House..................................652, 763, 775
HR 328--Brown, David W; urge Department of Natural Resources commemorate life.......................661, 722, 935, 1943
HR 329--House Study Committee on School Support Personnel; create............................................................. 661, 722
HR 330--Joint Study Committee on Art Policies for the Capitol and the Governor's mansion; create......................................................... 661, 722, 1423, 1551
HR 331--Brinson, April Heather; invite to House................................665, 724, 736 HR 332--Education; "zero tolerance" policies;
urge discussion about use............................................................. 721, 762 HR 333--Local boards of education; urge
posting of certain American Heritage documents.................................................. 721, 762, 1531, 2103 HR 334--"Frank Earl Stancil Sr. Interchange"; designate..........................................................721, 762, 1085, 1635, 2211
HR 335--House Study Committee to Review the Funding Policies for Group Homes operated by Juvenile Justice; create ...........................................721, 762
HR 336--House Study Committee on House Bills 490 and 491; create..........................................................................................721, 762
HR 337--Cordele-Crisp County Fish Fry; invite representatives to House......................................................684, 724, 736
HR 338--Thames, Dasie S.; commend ............................................................... 684 HR 339--Appling County High School girls softball team;
commend................................................................................................. 684 HR 340--World Vision's 30-Hour Famine; commend .......................................... 684 HR 341--Governor's Council on Developmental
Disabilities Day at the Capitol; commend.......................................... 684 HR 342--Leonard, Earl T, Jr.; commend........................................................... 684 HR 343--Deloach, John; condolences................................................................. 684 HR 344--The Preservers at Stephens County Middle School;
commend................................................................................................. 684 HR 345--Blalock, Edgar; condolences................................................................ 684

2940

INDEX

HE 346--Wilson, Lamar; commend ................................................................... 684
HR 347--Augusta-Richmond County Human Relations Commission; commend..................................................................685, 768
HR 348--Ryan, General Michael E.; commend................................................... 685
HR 349--Ward, Dylan James; congratulations................................................... 685 HR 350--Schildecker, Steven R; condolences..................................................... 685 HR 351--Huoni, Zora; commend........................................................................ 685 HR 352--Woods, Clifford D.; commend .............................................................. 685 HR 353--Tucker, Diane Patrice; commend......................................................... 685 HR 354--McClung, Jennifer; commend.............................................................. 685
HR 355--Ratterree, Charles; commend.............................................................. 685 HR 356--Garner, Seth Alan; commend.............................................................. 685
HR 357--House Study Committee on School Absenteeism; create ...............721, 762 HR 358--Macon Day in Atlanta; invite certain officials to House ........684, 724, 736 HR 359--Fraizer, Miss Jaye; invite to House..................................................... 736 HR 360--Bishop, Congressman Sanford D., Jr.; invite to House...........736, 737, 753 HR 361--McKinney, Cynthia; commend ............................................................ 736 HR 362--Dinkheller, Kyle Wayne; invite family to House................ 736, 1022, 1092 HR 363--"Officers of the Year for Meritorious
Service"; invite to House...................................................737, 1022, 1092
HR 364--King, Thomas; compensate........................................................761, 804, 935, 1388, 2211
HR 365--Rickenbaker, Hugh Kelley, III; compensate........................................................761, 804, 935, 1389, 2211
HR 366--House Study Committee on Obscenity in Music Lyrics; create..................................................................761, 804
HR 367--Bipartisan Joint Commission on Criminal Justice Reform; create................................................................... 761, 804
HR 368--Spanish American War Tax; urge Congress repeal .......................761, 804 HR 369--Crowne, Dallas Arthur; commend....................................................... 736 HR 370--Colvin, Willie Luther; commend.......................................................... 736 HR 371--Actions of Attorney General regarding
SB 357 (1997); request information ............................................761, 804 HR 372^Ioint Water Resources Policy Study Committee; create.................762, 804 HR 373--House Lake Lanier Water Quality
Study Committee; create ....................................................803, 932, 1731 HR 374--Adjournment; relative to..............................................................813, 815 HR 375--Joint session; message from the
United States Secretary of Agriculture..................................... 814, 1089
HR 376--Morgan County High School Wrestling Team; invite to House...........................................................815, 935, 987
HR 377--Ad valorem tax; limitation; General Assembly provide - CA................................................................931, 1021
HR 378--"Richard B. Russell National School Lunch Act"; urge Congress rename "National School Lunch Act of 1946"...................931, 1021, 1531, 1756
HR 379--William P. Ponder Memorial Bridge; designate........................................................931, 1021, 1085, 1634, 2211
HR 380--Connecticut arms manufacturers; invite to relocate to Georgia........................................................931, 1021, 2080
HR 381--Dinkheller, Kyle Wayne; condolences .................................................. 920 HR 382--Legal Environmental Assistance Foundation, Inc.;
commend................................................................................................. 920 HR 383--Gate City Bar Association; commend.................................................. 920 HR 384--Moye, C. Mickle; commend ................................................................. 920 HR 385--Zellman, Anton J.; commend............................................................... 920 HR 386--Whitfield, Mark; commend.................................................................. 921 HR 387--DeMott, Charles R.; commend ............................................................ 921

INDEX

2941

HR 388--Georgia Tech Yellow Jackets football team; commend.......................... 921 HR 389--Boggus, Don, Jr.; commend................................................................. 921 HR 390--Taylor, Jerry A.; commend.................................................................. 921 HR 391--Smith, David; condolences .................................................................. 921 HR 392--Emergency Medical Services Recognition Day;
commend................................................................................................. 921 HR 393--"Officer of the Year for Meritorious
Service" nominees; commend.................................................................921 HR 394--Harvey, Judge John R.; commend....................................................... 921 HR 395--Wilde, Mary; commend....................................................................... 921 HR 396--Seckinger, James O.; commend........................................................... 921 HR 397--Tau Sigma Chapter of the Kappa Delta Pi
International Honor Society in Education; commend.........................921 HR 398--English, Richard, Jr.; commend .......................................................... 921 HR 399--Walls, Josie S.; commend.................................................................... 921 HR 400--Presley, Allison; commend.................................................................. 921 HR 401--Blissit, Joseph A., M. D.; commend..................................................... 922 HR 402--Rodgers, Joyce Ouzts; commend.......................................................... 922 HR 403--Adams-Briscoe Seed Company, Inc.; commend .................................... 922 HR 404--Brown, Dr. Betty Yeomans; commend.................................................. 922 HR 405--Smith, Jerry A.; commend.................................................................. 922 HR 406--Mann, Tyler; commend....................................................................... 922 HR 407--Whittemore, Martha D.; commend ...................................................... 922 HR 408--Lee, Stephen Edward; commend......................................................... 922 HR 409--Blevins, Joy; commend ....................................................................... 922 HR 410--Fredericks, Gloria Y; commend .......................................................... 922 HR 411--Epstein School; commend ................................................................... 922 HR 412--Museum of National History at
University of Georgia; designate as State Museum of National History .......931, 1021, 1423, 1573, 2211 HR 413--Culloden Highland Games and Scottish Festival; invite certain persons to House ...............................................................997, 1284, 1442 HR 414--Homestead real property; assessment and taxation; ad valorem tax - CA.......................................... 1020, 1083 HR 415--Eugene Belcher Memorial Bridge; designate ............................ 1020, 1083 HR 416--L. C. "Shot" Strange Highway; designate......................................................1020, 1083, 1175, 1393, 2211 HR 417--Generic drugs; strongly urge State Board of Pharmacy to require brand name on label............................... 1020, 1083, 1174, 1625 HR 418--Roberts, Mr. and Mrs. E. W, Jr.; commend......................................... 997 HR 419--Character Education Center; commend............................................... 997 HR 420--Robinson, Dwayne; commend.............................................................. 997 HR 421--Anderson, Bill; commend.................................................................... 997 HR 422--Tally, Frances C.; commend................................................................ 997 HR 423--Harp, Henry King, Jr.; commend........................................................ 997 HR 424--Tobacco lawsuit; urge Congress prevent federal recoupment of settlement.............................. 1020, 1083 HR 425--Governor's Education Reform Study Commission; create..................................... 1021, 1083, 1284, 1574, 2212 HR 426--Williams, Judge Janice; condolences...................................................1074 HR 427--Georgia Emergency Management Agency; invite representatives to House.....................................1074, 1696, 1705 HR 428--"Know Your Customer" proposed regulations; urge withdrawal from consideration................................................ 1082, 1180, 1180, 1449

2942

INDEX

HR 429--Korean War (1950-1953) Memorial Inter change; designate....................................................................... 1082, 1180
HR 430--Poultry industry; urge adoption of fair business practices.....................................................1082, 1180, 1429
HR 431---Tara and Megan Bishop Intersection; designate....................... 1083, 1180 HR 432--Adjournment; relative to.......................................................... 1158, 1190
HR 433--Robinson, Dwayne; invite to House....................................................1174 HR 434--House Study Committee on Regional
Development Centers; create.................................................... 1179, 1282 HR 435--Federal Crop Insurance Program; urge
congress revise...................................................... 1179, 1282, 1429, 1943 HR 436--"John A. Trask Highway"; designate........................................ 1179, 1282 HR 437--Fisher Barfoot Highway, Charles
Durst Memorial Highway, Foster Family Bridge, Al Holloway Interchange, and official state
transportation history museum; designate........................................... 1179, 1282, 1376, 1616, 2379, 2607 HR 438--Land and Water Conservation Fund;
urge Congress support appropriations..........................1281, 1429, 2144 HR 439--House Study Committee on Ambulance Service; create ........... 1281, 1429 HR 440--Ad valorem tax; personal property
exemptions; allow by local law - CA....................................... 1282, 1429 HR 441--Kyoto Protocol; oppose.................................................... 1282, 1429, 1696 HR 442--House Tourism Advertising Study
Committee; create................................................. 1282, 1429, 1731, 2313 HR 443--Aquifers; certain permits; urge
Environmental Protection Division exercise caution in issuance................................ 1282, 1429, 1696, 1841 HR 444--Lee, F. Ray; condolences....................................................................1272 HR 445--Suicide; recognize as state problem....................................................1272 HR 446--"Safe Drivers' Awareness Day"; declare March 8, 1999.......................1272 HR 447--Stroud, Ernest L.; condolences...........................................................1272 HR 448--Stonell, Earl Charles "Buck"; condolences ..........................................1272 HR 449--Hightower family and associates of Thomaston Mills, Inc.; commend................................................... 1272 HR 450--Forest Park, City of; commend...........................................................1272 HR 451--United Daughters of the Confederacy; Frankie Lyle Chapter #2074; commend............................................ 1272 HR 452--Jordan, Peggy and Lewis H.; commend..............................................1273 HR 453--Johnson, Gilbert; commend................................................................1273 HR 454--Pope, Leese; commend.......................................................................1273 HR 455--Mays, E. Harold; commend................................................................1273 HR 456--Bennett, Lona Bellah; commend ........................................................1273 HR 457--Hill, Coach Norman "Red"; commend.................................................!273 HR 458--Anderson, Burnell "Be Back"; commend.............................................1273 HR 459--Lovin, Grady Monroe; condolences .....................................................1273 HR 460--Lowe, Captain Bill; commend ............................................................1273 HR 461--Freeman, Katie; commend .................................................................1273 HR 462--Burts, Kenneth D.; commend.............................................................1273 HR 463--Smyrna Optimist Club; commend ......................................................1273 HR 464--Spelman College; commend................................................................1273 HR 465--Potts, Robert Earl; condolences..........................................................1273 HR 466--Durr, Virginia Foster; condolences .....................................................1273 HR 467--Slosheye Trail Big Pig Jig; state's official Barbecue Cooking Contest; commend................................... 1273
HR 468--Tippins, William Lawrence and Otis Nell Pritchard; condolences................................................................ 1274

INDEX

2943

HR 469--Yates, Mr. and Mrs. M. J.; commend..................................................1274 HR 470--County Line United Methodist Church; commend ..............................1274 HR 471--Dunn, Marian; commend ...................................................................1274 HR 472--Medical Association of Georgia Alliance; commend.............................1274 HR 473--Medical Association of Georgia; commend ..........................................1274 HR 474--American Diabetes Alert for March and
Liane Levetan; commend.................................................................... 1274 HR 475--Zambian delegation visiting Georgia; commend.................................. 1274 HR 476--Final 20 days of session; enact
only repealers and appropriations - CA.................................. 1282, 1429 HR 477--Certain murders; urge President and
Attorney General order investigation................................................ 1688 HR 478--Final ten days of session; enact
only repealers and appropriations - CA.................................. 1428, 1531 HR 479--Harris, Charlie Frank; commend .......................................................1375 HR 480--Georgia Association of Personnel Services; commend ..........................1375 HR 481--Securus House in Clayton County; commend .....................................1375 HR 482--Powell, LeRoy; commend ...................................................................1375 HR 483--Harrington, Reverend W. Frank; condolences .....................................1375 HR 484--Dinkheller, Kyle Wayne; condolences .................................................1375 HR 485--Williams, Joseph Robert, Jr.; condolences...........................................1375 HR 486--Kennesaw State University Mock Trial Team;
commend............................................................................................... 1375 HR 487--Cloud, Reverend William E.; commend ..............................................1375 HR 488--University System of Georgia Outstanding Scholars;
commend............................................................................................... 1375 HR 489--Elmore, Charles; commend ................................................................1375 HR 490--Ragan, Susan; commend.................................................................... 1375 HR 491--Appleton, Reverend Jon; commend..........;..........................................1375 HR 492--Nesbit Elementary School Safety Patrol; commend.............................1375 HR 493--Medical College of Georgia; certain
settlement proceeds; urge sharing with victims .................... 1428, 1531 HR 494--Mitchell-Baker High School Eagles
Basketball Team; invite to House.......................................................1450 HR 495--Gate City Bar Association; commend.................................................1468 HR 496--Wilkinson County High School Warriors
Basketball Team; invite to House.................................. 1549, 1722, 1722 HR 497--Murphy, Honorable Thomas B.; commend..........................................1611 HR 498--Gatewood Schools Lady Gators Basket
ball Team; invite to House.............................................1618, 1731, 1777 HR 499--Chatfield, John P.; commend..............................................................1688 HR 500--Georgia Institute of Technology; commend .........................................1688 HR 501--Vann Wooten family; commend..........................................................1688 HR 502--Simmons, Scott Freeman; commend...................................................1688 HR 503--Martin, Justin Michael; commend......................................................1688 HR 504--Wells, Geoffrey Donald; commend......................................................1688 HR 505--LaBaron, Seth Daniel; commend........................................................1689 HR 506--Ball, Stephen Michael, Jr.; commend .................................................1689 HR 507--Marietta High School Boys Basketball Team; commend ..................... 1689 HR 508--Webb Bridge Middle School Academic Bowl Team;
commend............................................................................................... 1689 HR 509--Drury, Mr. and Mrs. Spencer; commend.............................................1689 HR 510--Mitchell-Baker High School Eagles
varsity cheerleaders; commend.......................................................... 1689 HR 511--Council for School Performance; commend .........................................1689 HR 512--Carter, Betty; commend.....................................................................1689 HR 513--Mitchell-Baker High School Eagles
Basketball Team; commend................................................................ 1689

2944

INDEX

HR 514--Pierce, Carlton; commend..................................................................1689 HR 515--"Child Abuse Prevention Month in Hart County";
commend............................................................................................... 1689 HR 516--Sequoyah High School Wrestling Team; commend..............................!689 HR 517--Purebred animal rescue associations; commend..................................1689 HR 518--Stroke Awareness Month in Georgia; commend..................................1689 HR 519--Asian Hotel Owners Association; commend........................................1689 HR 520--Life University; commend..................................................................1690 HR 521--Alien, Steven Wayne, Jr.; commend ...................................................1741
HR 522--Certain surgeries; length of stays; discharges; urge governor direct monitoring............................................................. 1730, 1766, 1886, 2140
HR 523--SAFE KIDS of Georgia in Polk County and Eydie Davis; invite to House.................................. 1741, 1887, 1902
HR 524--Alan C. Pope High School Lady Greyhound Basketball Team; commend................................................................ 1741
HR 525--Gantt, David; commend.....................................................................1741 HR 526--Blackwell, Mr. and Mrs. Morris J.; commend .....................................1741 HR 527--Young, Stevie; commend ....................................................................1741 HR 528--Hughston, Dr. Jack C.; commend.......................................................1741 HR 529--Tyson, Jimmy; commend ...................................................................1741 HR 530--Crowe, Julie; commend......................................................................1741 HR 531--Bush, Shirley; commend....................................................................1741 HR 532--Key, Nina; commend .........................................................................1741 HR 533--Daniel, Rick; commend......................................................................1741
HR 534--Layson, Sheila; commend ..................................................................1741 HR 535--Hudson, David; commend ..................................................................1742 HR 536--Little, Windee; commend ...................................................................1742 HR 537--Thompson, Laura; commend..............................................................1742 HR 538--Reid, Harry; commend.......................................................................1742 HR 539--Storey, Shelby; commend...................................................................1742 HR 540--Stanford, Vickie; commend ................................................................1742 HR 541--Perdomo, Ralph; commend.................................................................1742 HR 542--Hallman, Dennis; commend...............................................................1742 HR 543--Embry, Terry; commend ....................................................................1742 HR 544--Beall, Keith; commend ......................................................................1742 HR 545--McMichael, Howard, Jr.; commend.....................................................1742 HR 546--Norris, Tara; commend......................................................................1742 HR 547--Mixon, Mike; commend......................................................................1742 HR 548--Howell, Tom; commend......................................................................1742 HR 549--Grizzard, Larry; commend................................................................. 1742 HR 550--Gorley, Anthony; commend................................................................1742 HR 551--Ervin, Linda; commend .....................................................................1742 HR 552--McMichael, Rebecca; commend ..........................................................1742 HR 553--Mitchell, Bobby Dave, Jr.; commend ..................................................1742 HR 554--Denty, Amy; commend.......................................................................1742 HR 555--Adolph C. Johnson Road; honorary designation..................................1742 HR 556--Warren, Louise; commend.................................................................. 1743
HR 557--Georgia Association of Drug Court Professionals and National Drug Court Week, June 1-7, 1999; recognize..............................................1743
HR 558--Fannin County High School Lady Rebels Basketball Team; commend................................................................ 1743
HR 559--Fannin County Recreation Department nine and ten year old girls basketball team; commend ..................................................................1743
HR 560--Boswell, Mariam; commend ...............................................................1743 HR 561--Holmes, Darrell; commend.................................................................1743

INDEX

2945

HR 562--Arnold, William; commend.................................................................1743 HR 563--Georgia Task Force on AIDS; commend .............................................1743 HR 564--Holloway, J. Ted, M. D.; commend.....................................................1743 HR 565--Johnson, Alexander Patrick; congratulate...........................................1743
HR 566--Southside Savannah Raiders; commend .............................................1743 HR 567--Buford High School Girls Basketball Team; commend ........................ 1743 HR 568--Breedlove, Keith R.; commend...........................................................1743 HR 569--Eason, Reverend Gregory Vaughn, Sr.; commend .............................. 1743 HR 570--Women's World Cup; international
soccer tournament; recognize ..............................................................1743 HR 571--Titus Lavon Altman Road; honorary designation................................1744 HR 572--Lamar, Ouida Roberts; commend.......................................................1744
HR 573--Goodman, Patricia; commend.............................................................1744 HR 574--Jackson High School Red Regiment Marching Band;
commend............................................................................................... 1744 HR 575--Williams, John A.; commend..............................................................1744 HR 576--Clark, Beverly; commend...................................................................1744 HR 577--Grady Health System Inc; reduced
or free services; urge Fulton County Commission coordinate efforts.................................... 1765, 1891 HR 578--Fulton-DeKalb Hospital Authority; urge continuance of programs for needy................................. 1765, 1891
HR 579--SkyeLite Jazz Band of Savannah Arts Academy; commend............................................................................................... 1744
HR 580--Census; urge federal government take by actual enumeration....................................................1765, 1891, 1892
HR 581--Georgia; urge designation as State of Character.......................................................... 1765, 1891, 1892, 2310
HR 582--Westlake High School boys basketball team; commend....................... 1842 HR 583--Boesche, Susan Margaret; commend ..................................................1843 HR 584--Vaughn, Wiley; best wishes ...............................................................1843 HR 585--Chafin, Sharon; commend..................................................................1843 HR 586--Turpin, Warden Tony A.; commend....................................................1843 HR 587--International Longshoremen's Association
Local 1414; commend.......................................................................... 1843 HR 588--Effingham County High School Rebelaires; commend......................... 1843 HR 589--Cheek, Horace L. Jr.; commend .........................................................1843 HR 590--Mitchell County Hospital; commend......................................... 1843, 2085 HR 591--Belcher, Herbert Eugene; condolences................................................1843 HR 592--Davis, Coach Jerry; commend............................................................1843 HR 593--Cloud, Reverend C. C.; commend.......................................................1843 HR 594--Gentry, Sylvia; commend...................................................................1843 HR 595--Torbert, David; commend...................................................................1843 HR 596--Baker-Walton, Shera; commend .........................................................1843 HR 597--Thornton, Terri; commend .................................................................1843 HR 598--Rouch, John; commend......................................................................1844 HR 599--Rainwater, Bob; commend .................................................................1844 HR 600--Parrish, Linda; commend...................................................................1844 HR 601--Mothershead, John; commend............................................................ 1844 HR 602--Hopkins, Becky; commend.................................................................1844 HR 603--Marion, Jessie; commend................................................................... 1844 HR 604--Lightsey, Michael; commend.............................................................. 1844 HR 605--Ellison, Bishop Charles H., Sr.; condolences.......................................1844 HR 606--Hendrix, Ruth; commend...................................................................1844 HR 607--Hayes, Mike; commend...................................................................... 1844 HR 608--Hansford, Ben; commend...................................................................1844 HR 609--Garrett, Gary; commend....................................................................1844 HR 610--Cronic, Becky; commend....................................................................1844

2946

INDEX

HR 611--Cooper, Brandi; commend..................................................................1844 HR 612--Cleveland, Isaac; commend................................................................1844 HR 613--Channell, Mark; commend.................................................................1844 HR 614--Boyd, Vida; commend ........................................................................1844 HR 615--Campbell, Richard; commend.............................................................1844
HR 616--House Study Committee on Structure of DeKalb County Governing Authority; create..................... 1890, 2080
HR 617--House Study Committee on Salaries of DeKalb County Officers; create........................................... 1890, 2080
HR 618--House Study Committee on Gaming; create............................. 1891, 2080 HR 619--Newman, Herbert E.; invite to House............................. 1886, 1892, 1930 HR 620--Elections; candidates; certain ballot access - CA....................... 2079, 2178 HR 621--Toombs Taylor Morgan Memorial Bridge; designate ................. 2079, 2178 HR 622--Aged and Disabled Transportation Task Force; create .............. 2079, 2178 HR 623--Atlanta, City of; neighborhood
planning units (NPU's); urge funding.....................................2079, 2178 HR 624--Keling, Vivian Wilson; condolences ....................................................2070
HR 625--Putnam County High School Girls' basketball team; commend............................................................................................... 2070
HR 626--Fort Oglethorpe Police Department; commend....................................2070
HR 627--Lovingood, James David, Jr. and Lynda Freeman; commend............................................................................................... 2070
HR 628^Jarrett, Kenneth; commend ...............................................................2070 HR 629--Butler, Ivan (Gene); condolences........................................................2070 HR 630--Zaffos, Josh; commend.......................................................................2070 HR 631--Jaudon, Rhonda; commend ................................................................2071 HR 632--Newton, Howell W. and Trio Manufacturing
company; commend.............................................................................. 2071 HR 633--Reagan, Scott McAlister; commend....................................................2071 HR 634--Wojcik, Andrew P.; commend .............................................................2071 HR 635--Commerce High School Competitive Cheer-
leading Team; commend ......................................................................2071 HR 636--Ebenezer Baptist Church; commend...................................................2071 HR 637--Rathbun, Mr. and Mrs. Guy Richard; commend..................................2071 HR 638--Nix, John Edward "Ed"; commend .....................................................2075 HR 639--Wiles, Harold John; commend............................................................2075 HR 640--Wiles, Charles L.; commend ..............................................................2075 HR 641--Sales tax; certain educational purposes;
authorize - CA............................................................................2177, 2441 HR 642--House City of Atlanta and Fulton
County Local Government Study Committee; create................................................. 2080, 2178, 2648, 2697
HR 643--Public schools; driver training; impose fee to fund - CA.........................................................................2177, 2441
HR 644--Heath, Laura C.; commend................................................................2290 HR 645--Certain sentences; serve in entirety;
General Assembly provide - CA..........................................................2441 HR 646--Sheffield, Walter Franklin; commend.................................................2290 HR 647--Wright, Charles E.; commend............................................................2290 HR 648--Rossoll, Harry; condolences................................................................2290 HR 649--Carlisle, Anna Elizabeth; commend ...................................................2290 HR 650--Morgan, John T.; commend................................................................2290 HR 651--Sinyard, David Edward; commend .....................................................2290 HR 652--Bishop, Jim; commend.......................................................................2290 HR 653--Green, John P. "J. P."; condolences.....................................................2290 HR 654--St. Andrew's School Saints soccer team; commend .............................2290 HR 655--Wiener, Jordon; commend..................................................................2290
HR 656--Wiener, Harrison; commend...............................................................2291

INDEX

2947

HE 657--Edwards, Barbara Ann; condolences ..................................................2291 HE 658--Calvin-Thomas, Patricia M.; commend...............................................2291 HE 659--Barber, Janette McGarity; unveiling
of portrait in state capital ...................................................................2291 HE 660--Brace, Mickey; commend...................................................................2291 HE 661--Boesche, Susan Margaret; commend ..................................................2291 HE 662--Gaines, Lucas Bartlett; commend ......................................................2291 HE 663--Calvary Baptist Temple; commend.....................................................2291 HE 664--Jackson, Irene Dobbs; condolences .....................................................2291 HE 665--Benson, JoJo; commend.....................................................................2291 HE 666--Case, Bill; commend..........................................................................2291 HE 667--Drury, Mr. and Mrs. Spencer; commend.............................................2291 HE 668--Eoss, Karen; commend ......................................................................2291 HE 669--Houston, Judge Francis; commend.....................................................2291 HE 670--Eutherford, Harris L. (Leon); commend .............................................2291 HE 671--Moore, James Odell; condolences .......................................................2291 HE 672--Seckinger, Calvin; condolences...........................................................2291 HE 673--Morrison, J. Caldwell; condolences.....................................................2291 HE 674--Harn, J. Dixie; condolences................................................................2291 HE 675--DeLoach, Bishop George; condolences ................................................2292 HE 676--Thomas Family Eeunion; commend....................................................2292 HE 677--Baxter, Eeverend Bob; commend........................................................2292 HE 678--Parkview High School; commend .......................................................2292 HE 679--Wings Over Dixie Airshow; commend ................................................2292 HE 680--Dixie Wing of the Confederate Air Force; commend............................2292 HE 681--Wagner, James J.; commend..............................................................2292 HE 682--Georgia Fraternal Order of Police; commend......................................2292 HE 683--Baxter, Eobert A.; commend..............................................................2292 HE 684--Williams, Eli Augustus "Buster"; condolences.....................................2292 HE 685--Kennesaw State University; Student
Government Association executives; commend .................................2292 HE 686--Scott, Kevin Nelson; commend...........................................................2292 HE 687--Lavender, E. C.; commend.................................................................2292 HE 688--McClendon, Bob J.; condolences .........................................................2292 HE 689--Hart County Emergency Medical Service; commend...........................2292 HE 690--Gellerstedt, D. Gayle; commend.........................................................2292 HE 691--Little, Winnifred D.; commend...........................................................2292 HE 692--Crawford County Volunteer Fire and
Eescue Department; commend............................................................2292 HE 693--Faircloth, Coach Norman; commend...................................................2292 HE 694--Webster, Marianne; condolences.........................................................2293 HE 695--Bush, Kathy; commend......................................................................2293 HE 696--Moore, Gene-Gabriel and the Not Merely
Players; commend................................................................................ 2293 HE 697--Tally Farrell Walker Eoad; recognize
honorary designation........................................................................... 2293 HE 698--William Loyd (Bill) Holton Eoad;
recognize honorary designation.......................................................... 2293 HE 699--Norman Alfred Taylor Eoad; recognize
honorary designation........................................................................... 2293 HE 700--Larry William Bailey Eoad; recognize
honorary designation........................................................................... 2293 HE 701--Archie C. Smith Bridge; recognize honorary
designation........................................................................................... 2293 HE 702--Stanford Meeks Eoad; recognize honorary designation .......................2293 HE 703--Johnny L. Hayes Bridge; recognize honorary
designation........................................................................................... 2293

2948

INDEX

HR 704--Johnny A. Peacock Road; recognize honorary designation........................................................................................... 2294
HR 705--Jauquion R. "Rob" Tanner Bridge; recognize honorary designation........................................................................... 2294
HR 706--Parsons, Jo Lynn; commend...............................................................2294 HR 707--Whatley, Courtney Latrashia; commend.............................................2294 HR 708--Nowlin, Sharon; commend .................................................................2294 HR 709--Bennewitz, Tom; commend ................................................................2294 HR 710--Ross, Will; commend .........................................................................2294 HR 711--Wells, Hubert Mell; condolences.........................................................2294 HR 712--Floyd, Andrew B.; commend ..............................................................2294 HR 713--Lyness, A. Andrew; commend............................................................2294 HR 714--Schempp, Peter M. G.; commend........................................................2294 HR 715--Smalley, James Rufus; commend.......................................................2486 HR 716--Alan C. Pope High School Swim/Dive Team; commend....................... 2486 HR 717--Cairo High School girls basketball team; commend............................2486 HR 718--Keling, Vivian Wilson; commend........................................................2486 HR 719--Carter, Betty; commend.....................................................................2486 HR 720--International Building Safety Week;
designate April 4-10............................................................................ 2486 HR 721--Lee, Eula Mae Herrin; condolences....................................................2486 HR 722--Smith, Wordia Mae; condolences........................................................2486 HR 723--Clark, Mary Elizabeth; commend.......................................................2486 HR 724--Carroll, Jim; commend ......................................................................2486 HR 725--Pages; urge compensation increase ........................:................. 2650, 2656 HR 726--Thrift, Reverend T. N. "Pete"; commend .............................................2486 HR 727--Herrington, Elbert Steely; condolences...............................................2486 HR 728--Republic of Sierra Leone; commend ...................................................2486 HR 729--Pate, Frances Buice; commend...........................................................2486 HR 730--Sawyer, John B.; commend................................................................2486 HR 731--Gibson, Geraldine; commend..............................................................2487 HR 732--Batten, Tony; commend.....................................................................2487 HR 733--McQuaig, J. B.; commend ..................................................................2487 HR 734--Nash, Weldon A., Jr.; commend .........................................................2487 HR 735--Hortman, J. V. "Vernon"; condolences.................................................2487
HR 736--Dixon, Dr. Carol E. and KAINOS International Association; commend.................................................. 2487
HR 737--Bowden, Gladys Wilson; condolences..................................................2487 HR 738--Walkup, George M.; condolences ........................................................2487 HR 739--Phenix Supply Company; commend ...................................................2487 HR 740--Veterans of Foreign Wars; commend ..................................................2487 HR 741--Wix, Reverend John Edwin; commend ...............................................2487 HR 742--Uhry, Alfred; commend......................................................................2487

PART IV

SENATE BILLS IN HOUSE

SB

1--Special drug prosecutor;

provisions.................................................. 116, 116, 131, 347, 2355, 2592

SB

3--Governor; appointment of executive

counsel................................................................... 182, 182, 198, 586, 712

SB

6--Petition for write-in candidacy;

circulation.................................................................... 245, 246, 270, 1760

SB

9--Claims Advisory Board; exclude

certain small claims from payment....... 337, 338, 355, 805, 1720, 1740

SB

10--Agricultural products, grain,

livestock, warehouses; dealer bonds...... 245, 246, 270, 586, 1715, 1776

SB

12--Uniform Transfer on Death Security

Registration Act; enact........................... 432, 432, 592, 806, 1844, 2448

SB

13--Counties and municipalities; volunteer

firefighters as members...................................733, 734, 762, 1175, 1757

SB

16--Optometrists; scope of practice .............................................245, 247, 270

SB

17--Stone Mountain Memorial Association;

purposes; funds...................................................357, 358, 380, 807, 1920

SB

19--Garnishment; certain actions allowed

by corporate officers ..............................................................245, 247, 270

SB

20--Law enforcement records; motor

vehicle accident reports;

disclosure; prohibitions ......................... 182, 182, 198, 1724, 1855, 2448

SB

24--Morbid Obesity Anti-discrimination Act;

enact...................................................................663, 664, 722, 1695, 1942

SB

26--Child custody; emotional, physical,

or psychological abuse evidence.......................... 1188, 1190, 1282, 1294

SB

28--State employees' health insurance

plan; include local boards of

education, county officials,

and county employees............................. 337, 338, 355, 935, 1705, 1776

SB

29--Health; breast-feeding in public;

provisions; employer accommodations ................................811, 812, 932,

1723, 2060, 2578

SB

30--Health; public swimming pools;

regulation ....................................................................357, 358, 380, 2080

SB

32--High schools; Scholastic Aptitude

Test preparatory course...................................733, 734, 762, 1760, 2097

SB

34--Southern Dairy Compact; enact; members

of delegation; expenses.........................................246, 247, 265, 270, 322

SB

35--Education; public school disciplinary

tribunals ...........................................................................1541, 1543, 1694

SB

37--Farmers' mutual fire insurance; certain

policies; risk amount.................................................. 337, 338, 355, 1695

SB

38--Advisory Committee on Pain Management

for the Terminally 111; create................................................733, 734, 762

SB

39--Workers' compensation; cross appeals;

self-insured employer status;

guardians; overpayments; benefits ...................199, 200, 225, 723, 1850

2950

INDEX

SB

41--Limited liability companies;

dissociation; dissolution .....................................298, 299, 321, 806, 1711

SB

42--Limited partnerships; elections;

certificates ...........................................................298, 300, 321, 806, 1903

SB

47--Length and loads of vehicles; unprocessed

forest products; strobe

lights and flags.................................................337, 338, 355, 1084, 1850

SB

48--Surface water permits; aquifer

storage; prohibitions........................................................1436, 1439, 1531

SB

49--Education; student codes of

conduct....................................................596, 597, 661, 1760, 2356, 2579

SB

50--Education; educational care

teams............................................................................ 596, 597, 661, 1760

SB

51--Emergency management; director; personnel;

training; certification; 911 Advisory

Committee..............................1087, 1089, 1180, 1421, 1696, 2062, 2522

SB

54--Hospitals; acquisitions; amend provisions........................ 1188, 1191, 1282

SB

56--State court; certain municipalities;

venue in certain traffic offenses .......................357, 358, 380, 754, 1839

SB

57--Regional Transportation Authority;

create................................................................299, 300, 321, 1076, 1224,

1268, 1268, 1298, 1414, 2392, 2427

SB

59--Appeals, Court of; judges; amend

provisions.............................................................299, 300, 321, 753, 1007

SB

61--Electronic Commerce Study Committee;

recreate........................................................1087, 1090, 1180, 1761, 2327

SB

62--Electronic records and signatures;

legal effect; validity; admissi-

bility; fraud; burden of proof................ 664, 664, 722, 1075, 1712, 1776

SB

63--Municipal courts; shoplifting;

increase jurisdictional amount ........................299, 300, 321, 1732, 2095

SB

64--Eyebanks; establishment;

maintenance......................................................299, 300, 321, 1022, 1755

SB

66--Certain dental anesthesia and

hospital charges; health

insurance coverage ................................ 357, 358, 380, 1761, 2345, 2522

SB

72--Schools; attendance; instruction;

student behavior; discipline;

grants; enrollment; program counts;

midterm adjustments; certain

juvenile court jurisdiction......................... 1188, 1191, 1282, 1760, 2358,

2487, 2637, 2638, 2656, 2701, 2710

SB

73--Fire and other hazards; misdemeanor

violations; jurisdiction................................................ 416, 418, 431, 1611

SB

74--School safety plans; emergency management;

funding assistance; training.......................................... 1034, 1034, 1083,

1760, 2058, 2088, 2480

SB

76--Sports Hall of Fame Authority;

membership.................................................................384, 385, 413, 1888

SB

77--Insurance policies; notice of cancellation;

exceptions; motor vehicle insurers;

designation of repair facilities

prohibited ......................................... 1543, 1544, 1694, 1761, 2463, 2526

SB

82--Magistrate courts; monetary jurisdiction

of civil claims....................................................299, 300, 321, 1487, 2130

INDEX

2951

SB

83--Ad valorem tax; certain municipal

contracts; motor vehicles; former

prisoner of war or surviving spouse..............337, 338, 355, 1761, 2067,

2143, 2382, 2488, 2591, 2638, 2645

SB

87--Buses, trucks, or truck tractors;

amend provisions...................................................................664, 664, 722

SB

94--Health insurance; certain prescription

drug coverage; prohibit denial..................1295, 1298, 1429, 1695, 1941

SB

95--Cosmetology; amend provisions.............................................384, 385, 413

SB

96--Paternity orders; contents; effect..................................... 1032, 1034, 1083

SB

98--Ad valorem tax; new assessment

description........................................ 1188, 1191, 1282, 1761, 1902, 2580

SB

99--Lake Lanier Islands Development

Authority; expand purposes for

expending revenue................................. 811, 812, 932, 1886, 2310, 2523

SB 100--Pharmacists; definitions; State Board;

powers; foreign graduates;

licenses; Nuclear Pharmacy Law; enact.......................1032, 1034, 1083,

1723, 1931, 2523

SB 101--Quality basic education; certain school

social workers; funding........................................ 1542, 1544, 1694, 1760

SB 102--Human Resources, Department of;

foster and adoptive homes; certain

adult conviction data............................................ 1188, 1191, 1282, 1944

SB 103--Jurors; expense

allowance................................................811, 812, 932, 1724, 1851, 2522

SB 105--Sexual offender registry; registrations;

hearings; board...................................................417, 418, 431, 923, 1752

SB 106--Counties and municipalities; multiyear

lease, purchase, or lease purchase

contracts ................................................................ 1188, 1192, 1282, 1724

SB 108--Public Safety, Department of; certain

employees; use of department

vehicles; taxicab self-insurers;

certain exception.................................... 432, 432, 592, 1945, 2718, 2745

SB 109--Senate; reapportion districts 1, 2, 34,

and 44.............................................417, 418, 431, 586, 1748, 1776, 1860

SB 110--Temporary assistance for needy families;

qualified aliens......................................... 596, 597, 661, 922, 2132, 2579

SB 111--Criminal Justice Coordinating Council;

authorize certain business

transactions through committees......................417, 418, 431, 923, 1840

SB 112--Student honors program; include home

study programs................................................................1033, 1035, 1083

SB 113--Crimes against Family Members Act;

enact........................................................ 417, 418, 431, 1732, 1920, 2448

SB 115--Prisoner litigation reform; habeas

corpus; actions in forma pauperis.................................1543, 1544, 1695,

1766, 2093, 2522

SB 117--Towaliga Judicial Circuit; create;

Flint Judicial Circuit; continue................. 1087, 1090, 1180, 1487, 1747

SB 120--Crimes against police, firefighter,

or emergency medical technician;

sentencing.........................................................................1188, 1192, 1282

SB 123--Traffic-control signals; monitoring

devices to record violations ................................. 1436, 1439, 1531, 1887

SB 126--Probation; crimes against children;

eliminate two-year limit...................................... 1541, 1544, 1695, 1766

2952

INDEX

SB 127--Special plates; firefighters; retirement provision........................................................1436, 1440, 1531
SB 128--Hospitals; acquisition and disposition; redefine; hospital authority projects...................................767, 768, 804, 1022, 1708, 2088, 2482
SB 130--Torts; structured settlement payment rights; regulate transfer;
disclosure; right of recission........... 1087, 1090, 1180, 2076, 2316, 2523 SB 133--Speech-language pathologists and
audiologists; definitions; board meetings; licenses.................................. 734, 735, 762, 1723, 2710, 2720 SB 134--Austell, City of; mayor and council; terms..................................................................733, 735, 762, 1697, 1703 SB 135--Cobb County; community improvement districts; purposes..................................................................417, 419, 431 SB 136--Cobb County; community improvement districts; clarify purposes.................................417, 419, 431, 1084, 1086 SB 137--Child custody action; participation by great-grandparent........................................... 1188, 1192, 1282, 1891 SB 138--Emergency 911 system; certain costs; authorize payment................................. 811, 812, 932, 1886, 2454, 2579 SB 139--Community service boards; employees reporting fraud, waste, or abuse; planning lists for disability services.............................1087, 1090, 1180,
2080, 2461, 2624 SB 140--Dies, molds, forms, and patterns;
ownership; liens.........................................1033, 1035, 1083, 1887, 2098, 2296, 2477, 2577, 2623, 2638, 2641
SB 141--Breast Cancer Patient Care Act; enact............................ 1295, 1299, 1429 SB 143--Teachers Retirement; wrongfully paid
benefits; reimbursement ............................1189, 1192, 1282, 1423, 1746 SB 145--Pardons and Paroles, State Board of;
remove from Department of Corrections......................1033, 1035, 1083, 1093, 1577, 2133
SB 146--Court Reporting of the Judicial Council, Board of; composition..................1542, 1544, 1695, 1887, 2309
SB 148--Sexual offenses; vehicle used in prostitution; seizure ..............1538, 1544, 1695, 1887, 2113, 2380, 2613
SB 150--Medical examiner's and coroner's reports; coroner's qualifications and fees .........................................767, 768, 804, 1723, 2313, 2322, 2624
SB 151--Union County; family connection commission; create............................................733, 735, 762, 1430, 1434
SB 152--School security personnel; authority to carry firearms................................................... 1538, 1545, 1695, 2144
SB 154--Motor vehicle accident reports; originals; filing; certified and authenticated copies; evidence................................ 1189, 1192, 1282, 1887, 2614, 2656
SB 155--Public Safety, Department of; certain badges or replicas; prohibitions .......................... 1189, 1192, 1283, 1887
SB 159--Flounder and whiting; certain vessels; no possession limit ..........................................................1539, 1545, 1695
SB 160--Henry County; board of education; election.............................. 2448, 2452 SB 162--Henry County; board of education; compensation..................... 2448, 2452 SB 163--Crimes Against Elderly Act; enact;
disabled adults and elder persons protection.......................................... 1296, 1299, 1429, 1732, 2106, 2526

INDEX

2953

SB 164--Heidi's Law; enact.................................................. 1542, 1545, 1695, 1888, 2364, 2523
SB 165--National Crime Prevention and Privacy
compact; ratify; criminal records; child-placing agencies; day-care centers and homes........................... 1436, 1440, 1531, 1944, 2299, 2528 SB 167--Augusta-Richmond County; mayor and commission; vacancies............................... 733, 735, 762, 807, 809, 1089 SB 169--Tax executions; liens and lienholders; transfers; security interests; tax deeds......................... 1296, 1299, 1429 SB 170--Emergency 911; wireless service
suppliers; charges............................ 1296, 1299, 1429, 1886, 2328, 2593 SB 176--Civil and criminal cases; filings and
dispositions information..................................................1189, 1193, 1283 SB 177--Ad valorem tax; millage rates; returns;
records; disclosures; appeals; procedures .............................. 1087, 1090, 1180, 1761, 1904, 2379, 2525 SB 178--Telecommunications companies; services by third parties........................................... 1189, 1193, 1283, 1886, 2332 SB 179--Regional economic assistance projects; criteria; alcoholic beverage sales...................938, 938, 1021, 1423, 1859 SB 180--Public nuisances; unlawful sexual or drug related activity; actions..... 1542, 1545, 1695, 2076, 2297, 2523 SB 181--Insurance agents; limited licenses; motor vehicle rental companies ....................................1189, 1193, 1283,
1766, 2333, 2578, 2630 SB 182--Teaching certificate; grades K-3;
certain required courses..................................................1543, 1545, 1695 SB 184--Grovetown, City of; mayor; powers;
duties.................................................................812, 813, 932, 1430, 1435 SB 192--School liability insurance; include certain
volunteer nonprofit organizations.............1436, 1440, 1531, 1760, 2096 SB 193--Coin operated amusement machines;
revenue; limit percentage of annual income.................................. 1189, 1193, 1283, 1886, 2136, 2578 SB 195--Rural Hospital Authorities Assistance Act; enact.......................................... 1296, 1299, 1429, 1886, 2112, 2578 SB 196--Jury lists; sources; drivers' licenses; certain removal................................ 1296, 1300, 1429, 1887, 2124, 2523 SB 197--Counties and other entities; health and other employee benefits; ACCG Group Health Benefits Program, Inc................................1190, 1193, 1283, 1888, 2111
SB 199--Disabled or elderly; report of abuse or neglect; immediate access petition................. 1439, 1440, 1531, 1944
SB 200--Consumers' Insurance Advocate; create .................................................................... 1298, 1440, 1531, 1761, 1923, 2086, 2424, 2524
SB 204--McDonough, City of; corporate limits............................................................1033, 1035, 1083, 1284, 1293
SB 205--Boxing; Georgia Boxing Commission; name; powers; permits............................... 1539, 1546, 1695, 1888, 2138
SB 206--Conyers Convention and Visitors Bureau Authority; create......................................... 1190, 1194, 1283, 1430, 1435
SB 207--DeKalb County; certain officers and employees; appointment.................. 1087, 1091, 1180, 1697, 1698, 1776
SB 208--Towaliga Judicial Circuit; judges and district attorneys; salary supplement.................................................. 1088, 1091, 1180, 1767, 1771

2954

INDEX

SB 209--Conyers-Rockdale Amateur Athletics authority; change name.............................1088, 1091, 1180, 1430, 1435
SB 210--Managed care plans; health maintenance organizations; out-of-network providers........................................... 1539, 1546, 1695, 1761, 2056, 2529
SB 211--Seat belts; children under age four; sport utility and all terrain vehicles.............................1296, 1300, 1429
SB 215--DeKalb County; department heads; merit system..........................................................1088, 1091, 1180, 1732, 1736
SB 217--Jefferson County; board of education;
compensation...............................................1088, 1091, 1180, 1767, 1771 SB 218--Probation; suspended sentences; additional
fees...............................................................1539, 1546, 1695, 1766, 2139 SB 220--Flint Judicial Circuit; judges
and district attorneys; salary supplement....................................... 1437, 1440, 1531, 1724, 1858, 2212 SB 222--Workforce Reinvestment Act of 1999; enact.................................................. 1298, 1300, 1429, 1731, 2127, 2524 SB 223--Henry County; state court; jurors............................................................1088, 1091, 1180, 1767, 1771 SB 230--Year 2000 Readiness Act; enact.................................................. 1539, 1546, 1695, 1886, 2092, 2524 SB 231--Laser speed detection devices; reliability; admissibility of results............!539, 1546, 1695, 1887, 2129 SB 235--Elections; early voting; provisions................................... 1543, 1546, 1695 SB 236--Uniform rules of the road; inoperative traffic lights; accidents on multilane highways; removal of vehicle............................ 1437, 1441, 1531, 1731, 2348, 2522 SB 237--Union County; board of education; compensation............................................... 1296, 1300, 1429, 1767, 1772 SB 238--Tallapoosa Judicial Circuit; judges and district attorney; salary supplements ................................................1539, 1547, 1695, 1767, 1772 SB 240--Local Government Cable Fair Competition Act; enact.....................................................1437, 1441, 1531, 1724, 1834 SB 241--Community Health, Department of and Board of; Office of Women's Health..............................................1539, 1547, 1695,
1723, 1835, 2144, 2526 SB 242--Public Safety, Board of; additional
members......................................................1540, 1547, 1695, 1731, 2140 SB 243--Avondale Estates, City of; new
charter.............................................. 1296, 1300, 1429, 2178, 2180, 2579 SB 245--Child support recovery; determination,
review, and release; modification.............. 1540, 1547, 1695, 1887, 2126 SB 248--Commissioners of banks and banking,
corrections, revenue, and administrative services; Pardons and Paroles Board members; state auditor; salary determination......... 1437, 1441, 1531, 1886, 2456, 2579 SB 251--Agricultural Facilities Authority; create .......................... 1543, 1547, 1695 SB 253--Special plates; Year 2000 Children's Plate ...................... 1542, 1548, 1695 SB 254--Hancock County; board of education; compensation......... 1437, 1441, 1531 SB 256--Vehicles and loads; width and length; permits for excess.......................................1542, 1548, 1695, 1731, 2453 SB 258--Thunderbolt, Town of; town administrator; repeal provisions.........................................1437, 1441, 1531, 2649, 2673 SB 259--Court reporting; amend provisions.......................................... 1542, 1548, 1695, 2076, 2325, 2624

INDEX

2955

SB 262--District attorney emeritus; honorary office; create..................................... 1542, 1548, 1695, 1891, 2460, 2578
SB 269--Chattooga County; state court judge and solicitor-general; salary ......................1772, 1776, 1891, 2178, 2206
SB 270--Braselton, City of; municipal court.............................................................1772, 1776, 1891, 2649, 2656
SB 275--Stephens County; homestead exemption; certain residents .........................................2074, 2089, 2178, 2442, 2443
SB 277--Forsyth, City of; mayor; repeal term limits ..................... 2072, 2089, 2178 SB 278--Taylor County; building authority;
additional power .........................................2072, 2089, 2178, 2649, 2650 SB 279--Rockdale County; chief magistrate;
salary...........................................................2072, 2089, 2178, 2442, 2443 SB 280--Rockdale County; tax commissioner;
salary...........................................................2072, 2090, 2178, 2442, 2443 SB 281--Rockdale County; sheriff;
compensation...............................................2072, 2090, 2178, 2442, 2443 SB 282--Rockdale County; superior court clerk;
compensation...............................................2072, 2090, 2178, 2442, 2443
SB 283--Rockdale County; coroner; compensation...............................................2073, 2090, 2178, 2442, 2443
SB 284--Rockdale County; board of commissioners; compensation...............................................2073, 2090, 2178, 2442, 2444
SB 285--Rockdale County; state court judge; salary...........................................................2073, 2090, 2178, 2442, 2444
SB 286--Rockdale County; probate court judge; compensation...............................................2073, 2090, 2178, 2442, 2444
SB 287--Rockdale Judicial Circuit; superior court judges; salary supplement...............2073, 2090, 2178, 2442, 2444
SB 288--Tift County; board of commissioners; compensation.................................... 2087, 2091, 2178, 2649, 2649, 2651
SB 289--East Point, City of; business and industrial development authority; define powers; regulate...................................................2087, 2091, 2178

PARTY

SENATE RESOLUTIONS IN HOUSE

SR

17--"James D. Mason Memorial Intersection";

designate..............................................................432, 433, 592, 924, 1707

SR

22--"William S. Robinson Bridge";

designate..............................................................337, 339, 355, 924, 2055

SR

31--"Robert L. Williford Memorial

Highway"; designate...................................................337, 339, 355, 1767

SR

41--Herman H. Watson Memorial Bridge;

designate........................................................................ 432, 433, 592, 924

SR

42--Foster Family Bridge;

designate........................................................................ 432, 433, 592, 924

SR

45--Baldwin, Bartow, DeKalb, Elbert,

Floyd, and Glascock counties;

convey property...................................................246, 247, 270, 356, 1721

SR

46--Social Security system; urge Congress

strengthen and insure continuation......... 1439, 1442, 1531, 1696, 1852

SR

77--Marshall Shirah Memorial Bridge; Tara and

Megan Bishop Intersection"; designate..............................432, 433, 592,

924, 1758, 1901

SR

88--Joint Study Committee on Partnership

between the Hospital and Clinics

of the Medical College of Georgia

and the University Hospital of

Richmond County; create.....................................384, 385, 413, 806, 987

SR 101--Rockmart, City of; annex

property.............................................................432, 433, 592, 1023, 1745

SR 108--R. P. Balkcom, Jr., Memorial Highway;

designate......................................................1034, 1036, 1083, 1767, 2102

SR 109--Romie Waters Highway;

redesignate..................................................1034, 1036, 1083, 1767, 2094

SR 116-Joint Mental Health, Mental Retarda

tion, and Substance Abuse Service

Delivery Study Committee; create............1439, 1442, 1531, 1766, 2344

SR 134--DUI Study Commission; create....................................... 2089, 2091, 2178

SR 135--Export enhancement program; urge federal

Department of Agriculture utilize ............1089, 1091, 1180, 1429, 1849

SR 136--Agricultural products; trade barriers or sanctions;

urge Congressional action.......................... 1089, 1092, 1180, 1429, 2060

SR 137--P. V. Stripling Memorial Highway;

designate................................................................ 1439, 1442, 1531, 1767

2958

INDEX

SR 150--"Fred Lee Brady Bridge"; "Herbert Eugene Belcher Memorial Bridge"; J. Irvin Hendricks Highway; Johnnie L. Caldwell, Sr., Highway; William and Andre Cooper Memorial Highway; Hamilton McWhorter, Jr., Highway; Herman H. Watson Memorial Bridge; designate...........................................1190, 1194, 1283, 1767, 2134, 2650, 2711
SR 151--"Lester and Virginia Maddox Bridge"; designate......................................................1089, 1092, 1180, 1767, 2141
SR 157--Andrew Jackson Ash Memorial Bridge; designate......................................................1439, 1442, 1531, 1767, 2297
SR 161--Adjournment; adjourn 2/17/99; reconvene 2121199......................... 596, 621 SR 175--Joint Study Committee on Water
Management and Allocation; create..............................1541, 1548, 1695 SR 183--"Charles Durst Memorial Highway"; designate................ 2087, 2091, 2178 SR 184--Joint Study Committee on Regional
Development Centers and Metropolitan Area Planning and Development Commissions; State Commission on Drug Addiction; Joint Manufactured Housing Study Committee; Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion; Joint West Georgia River Protection Act Study Committee; House Lake Lanier Water Quality Study Committee; create............................ 1439, 1442, 1531, 2442, 2712, 2745 SR 232--"Jondelle Johnson Drive"; designate................................ 2087, 2091, 2178 SR 235--"Dewey Pendley Bridge"; designate................................. 2087, 2091, 2178 SR 236--"Raymond Lester Bridge"; designate ............................... 2087, 2091, 2178 SR 257--Adjournment; relative to.......................................................... 1439, 1504 SR 288--Adjournment; relative to.......................................................... 1898, 1929 SR 383--Adjournment; adjourn sine die 3/24/99..................................... 2746, 2746